Central Information Commission
Mr.B D Sharma vs Mcd, Gnct Delhi on 5 October, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002052/15054
Appeal No. CIC/SG/A/2011/002052
Relevant facts emerging from the Appeal:
Appellant : Mr. B.D. Sharma,
House No. 404, Street L-11,
Mahipalpur Exension, New Delhi -110037.
Respondent : Mr. N. C. Sharma
PIO & SE-I
Municipal Corporation of Delhi
O/o The SE - I,
Rohini Zone, Sector - V,
Rohini, New Delhi -110085.
RTI application filed on : 12-04-2011 Transferred on 29/4/2011
PIO replied on : 02-06-2011
First Appeal filed on : 18-05-2011
First Appellate Authority order of : 10-06-2011
Second Appeal received on : 28-06-2011
Information sought:
Kindly refer to my complaint dated 5-4-2011 addressed to Member Secretary, Supreme Court's Monitoring Committee, India Habitat Centre, 6-A, Lobby Office, Lodhi Road New Delhi. 110003, sent by courier and copes thereof personally delivered in the office of DD(Building) Rohini and DC(Rhine), copy of which is made available on the reverse page.. In this connection you are requested to kindly intimate the action taken/proposed to betaken and fmal outcome thereof. For your information some photographs are also sent herewith, which would support the correctness of contents of the complaint.
I may also be apprised of the action being taken on unauthorized construction of huge magnitude going on in plots D/P254 and 255, photographs of which are also being attached, and which fact is within the knowledge of Deputy commissioner, Rohini Zone and EE(Building) Rohini, and also the position of u/c in property No. KP-252, Maurya Enclave, old property.
The PIO replied.
(The appellant was received a reply after directing to the PIO by FAA ) 'The applicant is informed that on his complaint sealing show cause notice has been issued to the owner of P.No.KD-3 18, Pitampura. The matter is under consideration of the Department.
The unauthorized construction in P.No.DP-254, Pitampura the Sanctioned Building Plan has been demolished at ongoing stage on 05-04-2011 and the P.No. DP - 255, Maurya Enclave is very old and occupied.
As regard P. No. KP - 252, Maurya Enclave is also very old and occupied".
Grounds for the First Appeal:
The appellant was not received within 30 days to the PIO. Unsatisfactory reply was received after directing by the FAA to the PIO.
Order of the First Appellate Authority (FAA):
"The original application of the appellant and contents of appeal memo have been gone through. The appellant in his appeal stated that he has not received the reply. The PIO produced copy of reply during proceeding copy of which is being provided with this order for the appellant." Ground of the Second Appeal:
The appellant was not satisfied with the PIO reply and FAA order, although the PIO was provided the reply to the appellant after the directing by the FAA but appellant was not satisfied with the PIO reply.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Mr. Yogendra Sharma, EE(B) on behalf of Mr. N. C. Sharma, PIO & SE-I;
The Appellant has contended that the action taken shown by the PIO is not as per the actual site condition. The respondent shows a copy of the demolition register of 05/04/2011 in which it has been mentioned that the demolition has been carried at ongoing stage. It appears that information available on the records has been provided to the Appellant.
Decision:
The Appeal is disposed.
The information available on the records appears to have been provided. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 05 October 2011 (In any correspondence on this decision, mention the complete decision number.) (HA)