Central Information Commission
Kuldeep Singh vs South Delhi Municipal Corporation ... on 27 April, 2018
CENTRAL INFORMATION COMMISSION
BABA GANGNTH MARG, MUNIRKA
New Delhi-110067
F. No.CIC/SDMCN/A/2017/118749
Date of Hearing : 10.04.2018
Date of Decision : 27.04.2018
Appellant/Complainant : Shri Kuldeep Singh
Respondent : PIO
Executive Engineer-
(Bldg.)/Najafgarh, South Delhi
Municipal Corporation, Building
Department
Through:
None
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 22.08.2016
PIO replied on : 26.09.2016
First Appeal filed on : 10.10.2016
First Appellate Order on : 03.11.2016
2nd Appeal/complaint received on : 22.03.2017
Information soughtand background of the case:
Vide RTI application dated 22.08.2016, the appellant sought information as under:-
1. How many building plans are sanctioned in Lal Dora/Extended Lal Dora of Dhul Siras Village from 1st October, 2011 to till date. Provide names and addresses of such properties/owners.
2. How many work stop notice are given for Lal Dora/Extended Lal Dora of Dhul Siras Village from 1st October, 2011 to till date. Provide names and addresses of such persons/properties.
3. How many demolition notices are given for Lal Dora/Extended Lal Dora of Dhul Siras Village from 1st October, 2011 to till date. Provide the names and addresses.
4. How many sealing notices are given for Lal Dora/Extended Lal Dora of Dhul Siras Village from 1st October, 2011 to till date. Provide names and addresses of such properties/owners.
5. How many properties are demolished of village Lal Dora/Extended Lal Dora of Dhul Siras Village from 1st October, 2011 to till date. Provide the names and addresses of such properties.
PIO/EE(B), Najafgarh Zone vide letter dated 26.09.2016 stated as follows:-
Point Nos. 1 to 5:- There are hundreds of filed generated every year and all the files are in Record Section and as desired cannot be made readily available being voluminous record. However, applicant may specify particular file number which shall be made available after retrieving from the record room. As desired, applicant can inspect the available record/ missalband register on any Monday/Wednesday from 10.00 AM to 1.00 PM within 15 days after fixing the time with O.I(B)/NGZ for procuring relevant information.
Being dissatisfied, the appellant filed first appeal dated 10.10.2016. Shri A.K. Mittal, Superintendent Engineer (FAA-RTI) Najafgarh Zone disposed off the appeal vide order dated 03.11.2016 stated as under:-
"EE(Bldg.)/NGZ-PIO is hereby directed to furnish the complete and point wise information to the appellant within 10 days."
In compliance of the FAO; the APIO (Bldg)/NGZ furnished a point wise reply vide letter dated 08.11.2016 intimating the appellant regarding non availability of information in the desired format and called upon the appellant to inspect the Building plan register, dispatch register, Missalband register, sealing register and demolition register from year 2011-2014. Feeling aggrieved with non receipt of information in desired form, the appellant approached the Commission.
Relevant facts emerging during hearing:
At 11.20:
The appellant is present. The respondent is absent despite notice. Be awaited till 12 noon.
At 12 noon:
The appellant is present. The respondent is still absent. The appellant states that the order of FAA was not complied with by the PIO. Upon a query, the appellant states that village Dhul Siras was declared Urban Village since 1994 and prior sanction is required to be obtained for carrying out construction. The appellant is aggrieved with the fact that while his house was demolished by respondent SDMC, other unauthorizedly built buildings encroaching on public land in the vicinity are standing with impunity. He alleges that the SDMC officials are demolishing buildings as per their own will and the policy of demolition is based on 'pick & choose'. In this backdrop, the appellant states to have sought information regarding the village. Upon further query, the appellant states that around 600 houses are there in the village. He states that revelation of the information sought would pave a way for him to establish that SDMC officials act in a partisan manner facilitating unauthorized construction for a few. Answering a query by the Commission, the appellant submits that the statistics of action initiated under DMC Act for a village of about 600 houses cannot be termed as voluminous and in absence of any information regarding individual booking file number; he cannot specify the precise file number for availing inspection of record. As such, the appellant insisted on securing the physical copies of record sought.
Decision:
The Commission expresses no views regarding the veracity of allegations made by the appellant, but propriety demands that disclosure of information is made. Sunlight is the best disinfectant and propriety demands that any suspicion cast on the functioning of a public authority is negated by making disclosure of information proactively. After hearing the parties, the Commission directs the PIO/EE (NGZ) to furnish complete information regarding village Dhul Siras in the format sought within three weeks to the appellant. The appellant shall be entitled to obtain information on payment of usual charges. The PIO shall intimate compliance of the present order on 21.05.2018 before the Designated Officer of this bench. Failure in compliance shall entail penal consequences under the RTI Act. The appeal is allowed in aforesaid terms.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer