Central Information Commission
Mrrajesh Nanda vs Ndmc, Gnct Delhi on 3 June, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/YA/A/2014/002161
Date of Hearing : 03.06.2015
Date of Decision : 03.06.2015
Complainant/Appellant : Shri Rajesh Nanda
New Delhi
Respondent : Shri Feroze Muzaffar, AE(B)/WZ-I
South Delhi Municipal Corporation
New Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint/appeal:
RTI application filed on : 16.04.2014
PIO replied on : 22.05.2014
First Appeal filed on : 03.06.2014
First Appellate Authority (FAA) order on : 05.06.2014
Complaint/ Second Appeal received on : 28.07.2014
Information sought:
The appellant sought information regarding unauthorised construction opposite of his house with address J/74-75, Milap Market, Beriwala Bagh, Hari Nagar, Delhi-64.
Relevant facts emerging during hearing:
Both the parties are present. The appellant filed an RTI application dated 16.04.2014, seeking the above information. PIO/EE(B)-I in his reply intimated to the appellant that the query is in the nature of clarification and the same is not covered under the RTI Act. The FAA in his order directed PIO to give the modified reply within 10 days. The appellant stated that in the house opposite to his house, illegal construction is being carried out and there is risk to his house if the building collapses. He stated that as per the sanctioned plan, only one floor was allowed above the commercial property, but now four floors have been built. He further stated that despite clear directions from the FAA, no information has been provided. The respondent stated that information as per record was provided to the appellant. On query by the Commission as to whether the FAA's order has been complied to or not, the respondent was unable to answer.
Decision:
After hearing both the parties and on perusal of record, the Commission directs PIO/EE(B)- I/WZ to comply with the FAA's order and provide an action taken report along with current status of the said property as to whether the same is dangerous construction or not. The information shall be provided to the appellant, within two weeks of receipt of this order, under intimation to the Commission, failing which warranted action u/s 20 will be initiated. The appeal is disposed of accordingly.
(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.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Executive Engineer-(Bldg.)-I / West Zone, Superintending Engineer-I / West Zone, South Delhi Municipal Corporation, South Delhi Municipal Corporation, Building Department, West Zone, West Zone, Zonal Office Building, Vishal Enclave, Rajouri Garden, Vishal Enclave, Rajouri Garden, New Delhi-110027. New Delhi-110027.
Public Information Officer under RTI Shri RajeshNanda Assistant Engineer-(Bldg.) / West Zone, J-58/A, Beri Wala Bagh, South Delhi Municipal Corporation, Hari Nagar, Building Department, West Zone, New Delhi-110064. Vishal Enclave, Rajouri Garden, New Delhi-110027.