Central Information Commission
I.S. Rajpurohit vs Office Of The Deputy Chief Minister on 28 May, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/OTDCM/A/2017/160481
Shri I.S. Rajpurohit ... अपीलकताग/Appellant
VERSUS
बनाम
1. PIO, O.S.D. to Deputy Chief Minister, O/o ...प्रनतवादीगण /Respondents
the Dy. Chief Minister,
(Govt. of NCT of Delhi),
Room No 609, 6th Level, A Wing, Delhi
Secretariat, I.P. Estate, New Delhi - 110002
2. PIO, Department of Urban Development
(Govt. of NCT of Delhi),
7th Level, A Wing, Delhi Secretariat, I.P. Estate,
New Delhi - 110002
3. PIO, Revenue/HQ,
(Govt. of NCT of Delhi),
5, Sham Nath Marg, civil Lines,
Delhi - 110054
4. PIO, Office of the Chief Minister
(Govt. of NCT of Delhi)
3rd Level, A Wing, Delhi Secretariat, I.P. Estate,
New Delhi - 110002
Through:
Shri Subhash Agarwal, RTI Consultant for R1
Shri ShriwangamSai, OSD CM
Shri Sanjay Sondhi
Shri Pradeep Popli
Date of Hearing : 27.05.2019
Date of Decision : 27.05.2019
Information Commissioner : Shri Y. K.Sinha
Page 1 of 4
Relevant facts emerging from appeal:
RTI application filed on : 19.06.2017
PIO replied on : 06.07.2017
First Appeal filed on : 21.07.2017
First Appellate Order on : 22.08.2017
2ndAppeal/complaint received on : 25.08.2017
Information soughtand background of the case:
The Appellant had filed an RTI Application seeking information under the provisions of RTI Act 2005 on six points
(i) Please supply copy of Note /Order Sheet of the file which was processed for action taken on the complaint of the applicant filed in the Chief Minister‟s office during April 2017 & pending under control/adjudication of Dy. CM Delhi office, on the matter of expanding illegally boundary of plot No 45 & 46 (Kh No 14/22 Kakrola) Block „A‟ "Suraj Vihar", measuring total area of 472 SqYds to 650 Sqyds approximately by covering DDA Land strip of neighboringMatiayala village , && illegally constructing "Multiple story building with basement" against MCD building norms & running banquet/marriage/palace/hotel named "SURYA GREEN" by way of unauthorized encroachment by Ex BJP MLA; Ex BJP Councilor/Ex BJP Mayor-SDMC, Sh Anil Sharma s/o ShMadanLal Sharma, R/o 11/78 Village MotiBagh, MotiBagh, New Delhi - 21. Also Ex MCD Councilor, (2007-2010); Ex Chairman - MCD South Zone (2007 - 2009) and Ex Deputy Mayor of Delhi (2011-2012), Ex BJP MLA filed in & pending under control/adjudication of Deputy Chief Minister, Delhi.
(ii) Please supply certified copy of letter written by each authority working under Chief Minister, Delhi to subordinate officers/offices for appropriate action on the complaint of applicant which was filed in the office ofr Deputy Chief Minister, Delhi during April 2017 on the matter of expanding illegally boundary of plot No 45 & 46, (Kh No 14/22 Kakrola) Block „A‟ "Suraj Vihar", measuring total area of 472 SqYds to 650 Sqyds approximately by covering DDA Land strip of neighboringMatiayala village, & illegally constructing "Multiple story building with basement" against MCD building norms & running Banquet/marriage/palace hotel name "SURYA GREEN" by way of Unauthorized Encroachment by BJP Ex Councilor, Sh Anil Sharma s/o ShMadanLal Sharma, R/o 11/78 Village MotiBagh, MotiBagh, New Page 2 of 4 Delhi - 21. Ex BJP MLA Ex Deputy Mayor of Delhi (2011-2012); Ex MCD Chairman - South Zone (2007-2009); Ex MCD Councilor (2007- 2010); filed and pending under adjudication/control of Chief Minister office Delhi.
(iii) Please supply copy of "constitution" & composition of "committee/authority" which existed & responsible & working under Deputy Chief Minister, Delhi/in Delhi for the purpose of removal of unauthorised encroachment on Govt land done by Sh Anil Sharma s/o ShMadanLal Sharma, R/o 11/78,Village MotiBagh, MotiBagh, New Delhi - 21, Ex BJP MLA; EX BJP Dy Mayor - SDMC, Ex BJPCouncilor against which complaint filed by applicant during April 2017 & pending under adjudication/control of Dy CM Office Delhi.
(iv) Please supply copy of "constitution" & composition of "Committee/authority" which existed in Delhi for the purpose of taking speedy action against Sh Anil Sharma s/o ShMadanLal Sharma, R/o 11/78, Village MotiBagh, MotiBagh, New Delhi - 21, Ex BJP MLA of Delhi; Ex BJP Councilor EX BJP Dy Mayor who unauthorizedly encroached Govt Land of Delhi against which complaint filed by applicant in Chief Minister office during April 2017 & pending under adjudication/control of Deputy Chief Minister office, Delhi. Etc. The PIO, OSD to Dy. C.M. vide his letter dated 06.07.2017 provided a response against points no. 2 and 6 to the Appellant. Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 21.07.2017. The FAA by order dated 22.08.2017 observed that since the information sought by the appellant pertained to various other departments, the same was forwarded to the concerned departments under Section 6(3) of the RTI act 2005. The FAA alsoupheld the reply of PIO and disposed off the appeal. Feeling aggrieved as dissatisfied, appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both the parties are present and heard. The Appellant is aggrieved with inaction over his complaint highlighting alleged encroachment of public land as well as, non-disclosure of information regarding action taken upon his complaint. The Respondent from PIO, CM's Office submits that the RTI application was transferred to Revenue Department, GMCTD. Shri Agarwal concedes that a better reply ought to have been furnished to the Appellant. He submits that no special committee was convened for processing the complaint of Appellant but the same was to be dealt with under the existing grievance Page 3 of 4 redressal mechanism, i.e. Sub Divisional Task Force, headed by SDM. However, the Appellant submits that since his queries impugn the conduct of an ex-MLA, he seeks to know if any action can be taken by Lokayukta.
Decision:
The Appellant has been furnished with a reply but the same is neither authoritative nor exhaustive. The respective PIOs No. 2 and 3 are cautioned to exercise due diligence while dealing with matters under the RTI Act. The Commission has been given to understand that a training program for the benefit of functionaries designated under the RTI Act, 2005 is shortly being organised by GNCTD. The Commission hopes that such workshops held regularly on RTI would sensitize the public authorities and the people manning functions of PIO and FAA to ensure strict adherence to the RTI Act.
Without expressing any opinion over the veracity of the allegations, the Commission directs the PIO, Dy. CM Office to furnish a revised and consolidated reply to the Appellant on all the points within 3 weeks of receipt of this order.
The appeal is disposed off.
Y. K.Sinha(वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4