Central Information Commission
Babu Ram Sharma vs East Delhi Municipal Corporation ... on 11 May, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2016/001706
[Re-notified]
Alongwith
F. No.CIC/EDMCD/A/2016/298817
F. No.CIC/EDMCD/A/2016/298819
F. No.CIC/EDMCD/A/2016/298820
F. No.CIC/EDMCD/A/2016/298821
Date of Hearing : 10.04.2017 & 26.04.2017
Date of Interim Decision : 10.04.2017
Date of Final Decision : 08.05.2017
Appellant/Complainant : Shri Baburam Sharma
Respondent : CPIO, East Delhi Municipal
Corporation
Through:
Shri P.R. Meena, EE(B) - II
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 10.03.2016
PIO replied on : 18.04.2016
First Appeal filed on : 25.04.2016
First Appellate Order on : 10.05.2016
2nd Appeal/complaint received on : 19.05.2016
Information soughtand background of the case:
Vide RTI application dated 10.03.2016, the appellant sought information in respect of Block D Laxmi Nagar, New Delhi-110092; total number of house, total number of illegal & legal house in the said block and other related information on 8 points. The PIO furnished point wise reply against each query vide letter dated 18.04.2016. Dissatisfied response received from PIO, the appellant filed first appeal. The FAA vide order dated 10.05.2016 disposed of the first appeal. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant is present and heard. The respondent is absent despite notice. He states that incomplete information was furnished and that too, after the expiry of stipulated period. He states that few other appeals preferred by him are also pending before the Commission and requests the Commission for taking up alongwith the present appeal.
Interim Decision:
Since the respondent has not put in appearance, the Commission adjourns the hearing for 26.04.2017. The present appeal as well as other appeals preferred by appellant shall be clubbed together and re-notified for 26.04.2014. It is clarified that no further adjournment shall be granted.
Details of Proceedings: [26.04.2017] Since the subject matter of all the present appeals is identical, they are being heard & disposed through a common order. Relevant facts emerging during hearing:
As per the interim order dated 10.04.2017, all other appeals preferred by the appellant are notified and taken up today. Essentially, the nature of the queries made in each of the appeal is similar and seeks detail of unauthorizedly built properties in D Block , Laxmi Nagar, Delhi.
Both the parties are present and heard. The appellant is aggrieved inasmuch as a major portion of his house situated at 3rd floor, D-260, Lane No. 11, Laxmi Nagar was demolished by respondent public authority on account of unauthorized construction. He alleges that the respondent authority did not adhere to the prescribed statutory norms prior to demolishing of the structure under reference. He alleges that no action has been initiated against a lot many unauthorizedly built structures in vicinity, but the respondents demolished only his house and thus acted arbitrarily for reasons best known to them. Per contra, the CPIO states that all the RTI applications were duly replied to. He states that the records of booking are accessible online and information on some points was not available.
In the course of hearing, the appellant seeks leave to refocus his queries. The same is allowed.
The appellant submits that he shall be content if details of complete proceedings from booking to demolition action alongwith all file notings; notices regarding his house are made available to him. In addition he seeks details of properties booked for unauthorized construction in D Block, Laxmi Nagar and the status of action taken against them.
Decision: [CIC/YA/A/2016/001706; CIC/EDMCD/A/2016/298817 CIC/EDMCD/A/2016/298819; CIC/EDMCD/A/2016/298820; CIC/EDMCD/A/2016/298821] After hearing the parties and perusal of record, the Commission directs the PIO to furnish complete information w.r.t. action taken against the house og the appellant more specifically referred to in the former part of this decision. In addition, the CPIO shall also furnish details of unauthorizedly built structures in D-Block, Laxmi Nagar alongwith status of corresponding action taken against each of them. The information shall be supplied free of cost after ensuring due certification/ attestation of documents.
The decision shall be complied within 3 weeks of receipt under intimation to the Commission.
The appeals are allowed in the above 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 Copy to:-
Executive Engineer-(Bldg.)-II / First Appellate Authority under Shah. South, RTI East Delhi Municipal Superintending Engineer-II / Corporation, Building Shah. South, East Delhi Department-II, Shah. South Municipal Zone, 5th Floor, Corporation, Shahadara South Karkardooma Zone, Zonal Office, 3rd Court, Delhi-110032. Floor, Karkardooma Court, Delhi-110032.
BABURAM SHARMA D-260, 3 rd FLOOR, LANE-XI, LAXMI NAGAR, DELHI-110092.
Delhi