Central Information Commission
Anil Dutt Sharma vs East Delhi Municipal Corporation ... on 26 August, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली , New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos. CIC/EMCDS/A/2018/173856
CIC/EMCDS/A/2018/173858
CIC/EMCDS/A/2018/173860
CIC/EMCDS/A/2018/173862
CIC/EMCDS/A/2018/173863
Shri Anil Dutt Sharma ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/EE(B)-II, Shahdara South Zone ...प्रनतवादीगण /Respondent
East Delhi Municipal Corporation
Karkardooma, Delhi
Date of Decision : 26.08.2020
Information Commissioner : Shri Y. K. Sinha
First FAA's Second
CPIO
Case Nos. RTI dated Appeal Order Appeal
Reply
dated dated filed on
173856 16.07.2018 28.09.2018 20.10.2018 19.11.2018 24.12.2018
173858 16.07.2018 24.09.2018 20.10.2018 19.11.2018 24.12.2018
173860 25.06.2018 26.09.2018 20.10.2018 19.11.2018 24.12.2018
173862 16.05.2018 31.07.2018 29.08.2018 31.102018 24.12.2018
173863 16.07.2018 24.09.2018 Undated 27.09.2018 24.12.2018
(1) CIC/EMCDS/A/2018/173856
Information soughtand background of the case:
The Appellant filed an RTI Application dated 16.07.2018 seeking the following information:
1. Please provide me copy of daily demolition programme of the properties prepared for execution after the date of 15.07.2018 following the office order No D/845/E.E. (B) HQ dated 22.11.2000 or otherwise (In the jurisdiction of Zone).
2. Please inform total no. of complaints received from public and the police are pending with each of the JE (B) on 15.07.2018 and inform total no. of properties involved.Page 1 of 6
3. Please inform total no. of complaints (police and public) was handed over to the counterpart JE (B) by the preceded JE (B) before relieving charge of the ward.
(Queries reproduced verbatim) The PIO/EE-B-II, Shahdara South Zone, EDMC vide reply dated 28.09.2018 provided point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 20.10.2018 which was decided by the First Appellate Authority vide order dated 19.11.2018 directing the PIO to provide information according to the appeal filed by the appellant within 15 days of the issue of this order.
(2) CIC/EMCDS/A/2018/173858 Information sought and background of the case:
The Appellant filed an RTI Application dated 16.07.2018 seeking the following information:
1. Please provide me copy of the minutes of meetings of the Deputy Commissioner, Addl. Commissioner and S.E.(B) held in the year 2018 (Building Department).
2. Please provide me copy of record of the Building Departments forwarded to the NSC Head/Additional Commissioner from the Zonal Office.
(Queries reproduced verbatim) The PIO/EE-B-II, Shahdara South Zone, EDMC vide reply dated 24.09.2018 provided point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 20.10.2018 which was decided by the First Appellate Authority vide order dated 19.11.2018 directing the PIO to provide information according to the appeal filed by the appellant within 15 days of the issue of this order.
(3) CIC/EMCDS/A/2018/173860 Information sought and background of the case:
The Appellant filed an RTI Application dated 25.06.2018 seeking the following information:
1. Please provide me last order by which the wards were allocated to the JE (B) and AE(B) and inform the name of the EE(B) of all the building Departments of EDMC/SDMC/NDMC.
2. Please provide me copy of last 3 minutes of meeting held by Deputy Commissioner, SE (B) and NSC heads.
3. Please provide me copy of record maintained for police reports regarding construction received in the office of EE(B) during 1st March 2018 to latest and inform the following:Page 2 of 6
a) Addresses of the properties to whom notice under section 344 did not issue after getting information of construction.
b) Addresses of the booked properties against which demotion order under section 344 DMC did not pass.
c) Provide me copy of record of booked properties during 1st March 2018 to latest.
d) Provide me details of the properties who have got site plan sanctioned for construction since 1st March 2018 to latest.
e) Addresses of the properties which police report of construction is pending on part of JE (B) on 24.06.2018 and the name of JE (B).
f) Addresses of the properties to whom notice under section 344 is to be served on part of AE (B)on 24.06.2019 and the name of JE (B).
(Queries reproduced verbatim) The PIO/EE-B-II, Shahdara South Zone, EDMC vide reply dated 26.09.2018 provided point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 20.10.2018 which was decided by the First Appellate Authority vide order dated 19.11.2018 directing the PIO to provide information according to the appeal filed by the appellant within 15 days of the issue of this order.
(4) CIC/EMCDS/A/2018/173862 Information sought and background of the case:
The Appellant filed an RTI Application dated 16.05.2018 seeking the following information:
1. Name of the E.E. Building of all 12 Zones and
2. Inform total no. of properties against which sealing order was passed but after passing 3 months said property did not seal.
3. Please inform name of the concerned A.E. (Building) whose responsibility was to seal the property.
4. Please inform total No. of booked properties against which after expiring 3 months from the date of booking demolition orders under section 343 DMC Act have not been passed.
5. Inform total no. of properties which the EE (B) did not pursue for taking action under section 345A and 466A DMC Act.
6. Please provide me record of properties against which sealing orders were passed.
(Queries reproduced verbatim) The PIO/EE-B-II, Shahdara South Zone, EDMC vide reply dated 31.07.2018 provided point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.08.2018 which was decided by the First Appellate Authority vide order dated 31.10.2018 directing the PIO to provide information according to the appeal filed by the appellant within 15 days of the issue of this order.
Page 3 of 6(5) CIC/EMCDS/A/2018/173863 Information sought and background of the case:
The Appellant filed an RTI Application dated 16.07.2018 and sought the following in information:
1. Please inform total no. of properties sanctioned under section 336 DMC Act which were constructed in deviation of sanctioned plan and subsequently booked during 01.05.2018 to 15.07.2018 and total No. of properties booked but have not sanctioned. Please provide me copy of record contained such details.
2. Please inform the following information for the properties sanctioned under section 336 DMC Act. (period of sought information is 01.05.2018 to 15.07.2018) A. Total No. of properties in which deviations have been noticed by the concerned officer.
B. Total No. of properties in which deviations have not been noticed. C. Name of the JE (B)/concerned officer who had booked the properties but further action under DMC Act and against the concerned Architect did not initiate.
D. Name of the concerned officers inspected the properties. E. Inform since construction started to booked how many properties were inspected by each JE (B), AE (B) and EE (B) of the Zone/ Mr. Jaswal, Ankit Pandey, Sh. Mayur Sangal, Rakesh Kumar, Sh. R.K. Singh, Sh. Vivek, Sh. Paras Saini, Ajay Chandra Upreti, Sh. Satish Deva, N.S. Meena, AE Sh. Katara, Sh. Sinha, R.K. Arunesh and EE(B) sh. O.P. Ojha in exercise of their official duties. (Separate information required for each officer) F. Inform total number of properties (ref. point No. "A" above) which were not notified to the concerned Executive Engineer of the zone after acquainted deviations for initiation of demolition/sealing action under DMC Act. G. Inform the name of the AE (B) who did not initiate action against architect & owner as per office order No.289 / Addl. Cm.(E) I 2009/Sec BH Q Dated:
22/12/2009 and Office order No. D/517/Addl.Cm.(E)/2001 dated 12/10/2001.
H. Please inform address of properties in which AE (B) Sh. Katara, Sh. Sinha, and R.K. Arunesh did not initiate action against architect & owner as per office order No.289 / Addl. cm.(E)/2009 Sec BHQ dated 22/12/2002 and Office Order No. D/517/Addl.Cm.(E)/2001 dated 12/10/2001.
3. Please inform details of properties selected for random test check to the extent of 20% of the cases from the list of sanctioned issued under section 336 DMC Act.
(Sanctioned duration 01.01.2018 to 31.03.2018) (ref. 289/ Addl. Cm.(E)/2009/Sec BHQ Dated: 22/12/2009 which states that the details of the cases selected for sanction and test check shall be maintained in a separate register)
4. Inform total no. of selected case from the sanctioned case file, the concerned Executive Engineer or Assistant Engineer had fix up the time of inspection of the site required within 60 days or otherwise.
5. Inform the detail of the properties along with the name of the owner and Architects where major lapses with respect to misrepresentation or fraudulent statement contained in the notice of building permit, concealment of fact, existing structure which are non-compoundable i.e. infringement of setback etc., number of dwelling units, ground coverage, FAR and extra floor beyond permissible, etc. were found and major action is warranted but the action as per DMC Act, 1957 has not been initiated.
Page 4 of 66. Inform the name of the AE (B) and the concerned EE (B) who did not process the file for seeking explanation of the architect and a reference did not make to the Council of Architecture against the professional misconduct of the Architect, including revocation of the building plans.
(Queries reproduced verbatim) The PIO/EE-B-II, Shahdara South Zone, EDMC vide reply dated 24.09.2018 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal which was decided by the First Appellate Authority vide order dated 27.09.2018 directing the PIO to provide information according to the appeal filed by the appellant within 15 days of the issue of this order.
Decision:
1. The current situation arising out of the COVID-19 pandemic, has caused significant disruption in the functioning of all establishments and businesses alike. In respect of the Commission, this translates into a mounting backlog of Appeals and Complaints. In such circumstances, there is a pressing need to identify cases such as the ones under adjudication for cumulative disposal in order to facilitate expedient disposal of cases of genuine information seekers. In other words, this is where the aforementioned juxtaposition comes into play as the Commission seeks to strike a fine balance between the interests of genuine information seekers, while keeping the menace of frivolous and repetitive RTI Applicants under check.
2. In order to expedite the process of adjudication, the appeals are decided on the basis of the records available in the form of 5 second appeals filed by the Appellant before East Delhi Municipal Corporation. Considering the nature of queries raised by the appellant, the Commission appreciates the concern exhibited by him for checking the menace of unauthorized construction. However, the means adopted to achieve the result is definitely avoidable. The PIOs have furnished responses in each of the case based on available records and yet it is noted that at the appellate stage, the FAA has passed the same order directing the PIO to provide information according to the appeal filed by the Appellant. The Appellant has filed the Second Appeals consistently maintaining that the orders of the First Appellate Authority have not been complied with by the PIOs till the date of filing of Second Appeals.
3. Keeping in view the facts and circumstances in the aforesaid cases, it is pertinent to be mindful of the current situation when some offices of the Delhi Government have been sealed to arrest the spread of the pandemic after detection of some corona positive cases in the premises. Some officials of various departments have also been assigned duties to tackle the pandemic, COVID-19 or even quarantined. Hence, holding structured Page 5 of 6 physical hearings of the above cases is not deemed expedient in the current situation as it will only delay the dissemination of the desired information.
4. Under the circumstances, the Commission finds it expedient that all the aforesaid Second Appeals be remanded to the concerned FAA, East Delhi Municipal Corporation, Delhi to ensure compliance of the FAA's order/s mentioned above and the PIO/EE-B-II, Shahdara South Zone, EDMC is directed to submit an action taken report before the Commission by 31.11.2020, failing which appropriate legal action shall be initiated against the errant official.
In view of the above, all the Second Appeals are disposed off with the above directions.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 6 of 6