Central Information Commission
Mr. Skd Garg vs Municipal Corporation Of Delhi on 17 October, 2008
CENTRAL INFORMATION COMMISSION
Room No.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi -110 066.
Tel: 91 11 26161796
Decision No. CIC/WB/A/2007/00991/SG/00085
Appeal No. CIC/WB/A/2007/00991
Relevant Facts emerging from the Appeal
Appellant : Mr. SKD Garg
H. No. 2017 B, Nai Basti, Narela
Delhi-110040
Respondent : Deputy Commissioner (Narela Zone)
& Public Information Officer under RTI Act2005, Municipal Corporation of Delhi, Narela Zone, PHC Building, Alipur, Delhi RTI filed on : 20-09-2006 PIO replied : 25-12-2006 First appeal filed on : 19-02-2007 First Appellate Authority order : 30-07-2007 Second Appeal filed on : 23-08-2007 The details of information required:
The Appellant had asked about the status of Nai Basti, Narela in record i.e. whether it is Unauthorized/authorized/approved/unapproved or anything else. This Basti contains houses No. 2096-2142 and is settled on District Board plots in 1947-48. PIO Replied:
Nai Basti Narela is an unauthorized regularized colony. The First Appellate Authority order:
The appellant has admitted that the information has been received by him.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. SKD Garg Respondent: Mr. P.R.Sethi , PIO The reply has been submitted very late. Also a letter shown by respondents shows that on 4 April, 2007 a letter has been issued by the Town Planner stating that Nai bastee is not a regularized colony and it is also not on the list of unauthorized colonies. Thus the reply originally given by the PIO and the letter of the Town planner do not appear to be in consonance.
The appellant's are really aggrieved by the neglect of the MCD to give them their due services. The bastee has been in existence since 1947,-ie. Before the formation of MCD. They not being given their due services and recognition, which is certainly a matter of concern for all.
Decision:
The appeal is allowed.
The Commission will take up the issue of penalizing the guilty officers for giving a false reply and a late reply at a later date.
In the meantime the Commission directs the Additional Commissioner (eng.) to investigate why this false information was provided to the appellant and also see if the services due to Nai Bastee can be provided, if it is their due. The Add. Comm. shall give a report to the Commission on this matter by 15 November, 2008.
This decision is announced in open chamber. .
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 17 October, 2008 Decision No. CIC /WB/A/2007/00991/SG/0085 Appeal No. CIC/WB/A/2007/00991/