Central Information Commission
Mr.Kirti Azad vs Mcd, Gnct Delhi on 15 January, 2013
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Complaint No. CIC/DS/C/2013/000002,
CIC//DS/C/2013/000003
Appellant /Complainant : 1. Sh. Subhash Chandra Agrawal, Delhi
2. Sh. Kirti Azad, Delhi - Represented by Sh.
Sameer
Bahadur
Public Authority : North Delhi Municipal Corporation, New Delhi
(Sh Kirti Pal, AE(B)CNZ/APIO, Sh. Louis Danie,
Hd.Clerk,
PIO, HQ North, Sh. Raj Kumar, JE(B)/CNZ, Sh.
M.K.Nighawan, EE(B)City Zone, Sh. P.C.Machiwal,
JE (B) City Zone)
Date of Hearing : 15 January 2013
Date of Decision : 15 January 2013
Facts:
1. Further to Commission's order of even number dated 11 January 2013, the matter was heard today. Both parties as above appeared in person and made submissions. Appellant once again raised the issues pertaining to the safety and security of thousands of spectators who witness the cricket matches at the Ferozeshah Kotla Cricket Complex at New Delhi and sought information with reference to the issuance of the Provisional Occupancy Certificates by MCD to the DDCA (Delhi & District Cricket Association) for holding cricket matches at this complex without complying with the mandatory requirements of :
* Structural stability certificate
* NOC from Chief Fire Officer
Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003 * NOC from Assistant Electrical Inspector thereby putting at risk the lives of the appellants and other spectators.
2. CPIO informed the Commission that they had very little time to collect the relevant information sought by the appellant by that they had made photocopies of 50 pages holding information covering the period 2008 - January 2013. The entire set of papers were handed over to both the appellants at the commencement of the hearing. CPIO has also brought with him all the files pertaining to the subject and has offered opportunity of inspection to the appellants at a date and time convenient to them.
3. A perusal of the information furnished to the appellants indicates the following:
4. That the MCD has been diligently pursuing the matter of obtaining the above mentioned documents from the DDCA on every occasion when the Chief Administrator of the DDCA had approached them for providing a Provisional Occupancy Certificate to hold cricket matches at the aforementioned stadium complex. During the period indicated above, the MCD has issued Provisional Occupancy Certificates (PoC) in favour of DDCA on nine occasions listed below
1. From 11 October 2008 to 13 October 2008
2. From 28 September 2009 to 3 November 2009
3. From 1 December 2009 to 31 December 2009
4. From 1 March 2010 to 30 April 2010
5. From 1 February 2011 to 31 May 2011 For matches held on
6. 4 April 2012
7. 17 April 2012
8. 6 January 2012 and
9. 6 January 2013.
5. Barring the last 4 occasions, when the PoCs were given on the basis of order of the High Court of Delhi, all other PoCs were issued after receiving the Completion Certificate File dated 14 July 2008 as well as structural safety certificate, fire safety certificate and NOC from the Assistant Electrical Inspector. It appears from the Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003 information provided that these were provisional certificates pending the issue of final certificates.
6. The information provided by the CPIO also reflects the concern of the officials of the MCD regarding the safety aspect and more than once they have recommended that the Provisional Occupancy Certificate not be issued in the absence of the required documents. The noting also reveals that there is the issue of huge outstanding of property tax from the DDCA ( Rs8.67 crore as on 4 January 2013) and also House tax and it was recommended several times on file that on this account also the Provisional Occupancy Certificate should not be issued. Further it has been pointed out by the Assistant Engineer (B) HQ that the DUAC has observed in their letter addressed to DDA with copy marked to the MCD that, "the DDA should not grant the provisional occupancy certificate (POC) which is in violation of the Building Bye laws and Master Plan provisions. The completion/Occupancy Certificate should be granted as per BBLs and Master Plan provisions." It is also noted by Assistant Engineer (Bldg) Central Zone that there is no provision for issuing provisional occupancy certificate as per Building Bye Laws, 1983.
7. It is observed that on at least two occasions, the Deputy Commissioner (City Zone) and the Assistant Engineer (Bldg) have noted that permission may be granted to DDCA to hold international matches at their own risk and cost subject to obtaining NOC from Chief Fire Officer, Delhi and that DDCA shall be required to furnish an undertaking that MCD shall not be liable for any untoward incident during the said period.
Decision notice
8. The appellant had sought information for the period 17 April 2005 up to 4 April 2012. After perusing the above documents Commission is satisfied that broadly, the information sought by the appellants has been furnished to them but for the period 2008 - January 2013. Keeping in view that the matter was listed at a very early date for the reasons recorded in Commission's order of even number dated 11 January 2013, it is commendable that the CPIO has been able to collect the requested Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003 information and provide the same to the appellants today at the hearing. Appellants will peruse the information provided to them today and in case it is found to be deficient in respect of any of the points listed in the RTI application, they will convey the same to the CPIO by 18 January 2013. CPIO will provide the requested information to the appellant before 1 February 2013.
9. The subject matter of the RTI application is without doubt a matter of larger public interest. Cricket and other sports enthusiasts flock to the aforementioned cricket grounds and it is in the interest of good governance and accountability to the public, which is at the very heart of the RTI Act, that the agencies charged with the responsibility of maintaining the highest standards of safety at venues such as the Ferozeshah Kotla Cricket grounds discharge their duties to the fullest.
10. CPIO is directed to place a copy of order before the Mayor of the South Delhi Municipal Corporation.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003 Copy to:
1. Shri Subhash ChandraAgrawal 1775, Kucha Lattushah Dariba, Chandni Chowk, Delhi110006
2. Shri Kirti Azad (Member of Parliament - Lok Sabha) 25, Pt. Ravishankar Shukla Lane Kasturba Gandhi Marg, New Delhi110001
3. The CPIO North Delhi Municipal Corporation (through O/o the Commissioner, NDMC) Dr. S.P.M. Civil Centre J.L.N. Marg, Minto Road New Delhi110002
4. Shri R.P. Meena Executive Engineer (B) South Delhi Municipal Corporation Room No. 209, D.C. Central Zone Office Jal Vihar, Lajpat Nagar, New Delhi110024 Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003