Central Information Commission
Mr.Rahul Khanna vs Mcd, Gnct Delhi on 5 May, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001378/12265
Complaint No. CIC/SG/C/2010/001378
Relevant Facts emerging from the Complaint:
Complainant : Mr. Rahul Khanna
Chamber No.82, Civil Wing,
Tis Hazari Court, Delhi-110054.
Respondent : Mr. V. R. Bansal
Public Information Officer & SE
Municipal Corporation of Delhi
O/o Dy. Commissioner,
Sadar Pahar Ganj Zone, Idgah
Road behind Sadar Police Station,
Pahar Ganj, Delhi-l 10006.
RTI application filed on : 25/08/2010
PIO replied : 30/11/2010
First appeal filed on : 04/10/2010
Notice of Hearing sent on : 05/04/2011
Hearing held on : 05/05/2011
Information sought:-
The appellant wants the information about the Main Bazar & Nehru Bazar, Pahar Ganj, New Delhi:-
A. Please mention the following details about the Main Bazar & Nehru Bazar, Pahar Ganj, New Delhi:-
a) Have you booked any property in Main Bazar & Nehru Bazar, Paharganj, New Delhi.
b) Mention the phone numbers of the Pahar Ganj Office.
c) Have you taken any demolition action Main Bazar & Nehru Bazar, Paharganj, New Delhi w.e.f. 01/01/2010 onwards.
d) Submit the list of above said properties.
e) I) Please submit the site plans of Main Bazar, as per your records. II) Please submit the site plans of Nehru Bazar , as per your records.
f) Mention the width of the Main Bazar & Nehru Bazar, Pahar Ganj, (As per your present records)
g) Mention the width of the Main Bazar, Pahar Ganj, as per MPD, 2021.
h) Mention the width of the Main Bazar, Pahar Ganj, as per actual status
i) Mention the reasons and basis for above said demolition actions
j) Have you issued any show cause notice to the above said occupants / parties before demolition action.
k) If no, mention the reason.Page 1 of 3
q) Mention the list of officials /staff who were posted in this area during the last five years (i.e. J,E., A.E. & Executive Engineer, MCD., Works & Building Department).
r) Details of demolished portion during the above said demolition drive.
C. Please mention the details on following issues about the Main Bazar & Nehru Bazar, Pahar Ganj, New Delhi:
a) Mention the list of properties, who have constructed in the last five years.
b) Are they constructed according to law.
c) Have the M.C.D. booked any property for unauthorized and illegal construction.
d) Mention the date of joining of A.E. Sh. S.R. Lakhan in the office of Sadar Zone.
e) Total number of demolition actions taken by above said A.E. after his joining in the Pahar Ganj area.
f) Please submit the site plan of 1908, as per your records.
g) Are these demolition actions based on Sir William's Site Plan.
h) Are these markets under D.D.A. or MCD.
D. Mention the details on the following issues:-
a) Mention the normal tenure of J.E. & A.E. in a zone/ area.
b) Mention the list of above said equipments, which were used in said actions.
c) Mention Number of labours & staff, who were involved during these actions.
d) Mention the details of future demolition actions (if Possible).
e) Does the demolition drive make MCD / government agencies suffer losses
f) Is it possible, without the blessings / knowledge of concerned officials, one can make road encroachments and unauthorized constructions.
g) Mention the duties of the MCD.
h) Please also mention the names, designations with their Phones / mobile numbers of concerned senior officials for complaints / suggestions.
i) Whether these demolition actions are treated as the losses to the Nation as well as society / energy loss.
Reply from PIO:-
The PIO has provided point-wise information to the Appellant.
Grounds of the First Appeal:
The appellant was not provided with the reply.
Order of the First Appellate Authority ( FAA):
Not ordered.
Ground for Second Appeal:-
No information was provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present Complainant: Mr. Rahul Khanna Respondent : Mr. S. K. Aggarwal, EE on behalf of Mr. V. R. Bansal, Public Information Officer & SE;
The Complainant has not been given information or any reply until the Commission had sent its notice. The first response to the Complainant had been given only on 30/11/2010. The PIO is directed to give the following specific information:
1- Site plan of main bazaar and Nehru bazaar.
2- List of encroachments in these bazaars.
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The respondent states that the person responsible for providing the information were Mr. Inderjeet Singh EE, Mr. S. R. Lakhan EE and Mr. V. S. Rai JE(B) whose assistance has been sought under Section-5(4) of the RTI Act.
The Complainant would like to inspect the relevant records on 19 May 2011. The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 26 May 2011 from 10.30AM onwards at the office of the PIO. In case there are any records or file which the complainant believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such files/records do not exist.
Decision:
The complaint is allowed.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 26 May 2011 from 10.30AM onwards. The PIO will give attested photocopies of records which the Appellant wants free of cost upto 100 pages.
The issue before the Commission is of not supplying the complete, required information by the deemed PIOs Mr. Inderjeet Singh EE(B) , Mr. S. R. Lakhan AE and Mr. V. S. Rai JE within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIOs are guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the deemed PIOs actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to them, and they are directed give their reasons to the Commission to show cause why penalty should not be levied on them.
Mr. Inderjeet Singh EE(B) , Mr. S. R. Lakhan AE and Mr. V. S. Rai JE will present themselves before the Commission at the above address on 02 June 2011 at 11.00AM alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1). They will also bring the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant.
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 May 2011 (In any correspondence on this decision, mention the complete decision number.) (HA) CC through Mr. V. R. Bansal PIO/SE to:
1- Mr. Inderjeet Singh EE(B) ,
2- Mr. S. R. Lakhan AE
3- Mr. V. S. Rai JE
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