Central Information Commission
Mr. Hemchand Vats vs Government Of Nct Of Delhi on 14 June, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001144/8129
Appeal No. CIC/SG/A/2010/001144
Relevant Facts emerging from the Appeal:
Appellant : Mr. Hem Chandra Vats,
15, Dharam Colony, Nangloi,
Delhi-110041.
Respondent : Mr. S. K. S. Yadav
Public Information Officer & Additional Secretary (Urban Development), Department of Urban Development, Government of NCT of Delhi, 10th Level, 'C' Wing Delhi Secretariat, I.P. Estate, New Delhi- 110002.
RTI application filed on : 24/10/2009 PIO replied : 13/01/2010 First appeal filed on : 27/01/2010 First Appellate Authority Ordered on : Not enclosed. Second Appeal received on : 03/05/2010
The Appellant wanted the following information:
Sl. Information Sought Reply of the Public Information Officer (PIO)
1. Whether the unauthorized colonies mentioned The 12 names in the RTI application do not in the RTI application have been declared feature in the list of 1639 unauthorized authorized by the Government. If yes, then colonies.
since when and on whose direction.
2. Number of unauthorized colonies in village No colony has been declared authorized and Najafgarh and Narela zone that have been verification process of various departments is declared as authorized. Whether a list of the in progress. same can be made available; if yes, when.
3. Whether any competent official has been Pertains to MCD.
employed to certify/verify about the status of authorized and unauthorized colonies. If yes, furnish his name/details; if not, furnish reason for not appointing such an official.
4. Whether the 1639 unauthorized colonies are to All documents relating to the colonies are be declared authorized in the near future and if being verified. Processing of application of any related colony is under consideration for only such colonies would be done that meet the authorization. If yes, then specify the time prescribed standards of the Government as set when such authorization would be done. on 24.03.08 Page 1 of 3
5. Whether the department has issued copies of All documents relating to the colonies are plans of temporarily certified authorized being verified by various departments and colonies to all departments for work is in progress. Development work is development/welfare purposes/amenities. If being carried on only in such colonies that not, when such issuance would be made. meet the prescribed standards of the Government and have been given ascent to by the concerned MLA.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
First Appellate Authority (FAA) order:
Not enclosed.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Hem Chandra Vats;
Respondent : Mr. S. K. S. Yadav, PIO & Additional Secretary (Urban Development);
Mr. H. K. Bharti, Town Planner, UC(Cell) UD Department; Mr. Ajay Yadav, Dy. Secretary, UC(Cell) UD Department;
The appellant has sought information on 5 queries with MCD. Subsequently this RTI application was transferred by MCD on 18/11/2009 to UD of GNCTD. Subsequently PIO(UD) have the information to the appellant on 13/01/2010. When the appellant disputed this information UD has realized that the appellant was interest in colonies that have been authorized in 1977. The PIO states that information regarding colonies regularized in 1977 is available only with MCD and not with UD since they were the regularizing agency. In view of this information relating to queries 1, 2, 3 and partially 5 would be available with Town Planning Department MCD. The Town Planning Department had transferred this RTI application on 18/11/2009 by letter no. TP/G/4708/09(ID no. 725 & 730). The Commission is sending this order with the copy of the RTI application to PIO Town Planning Department MCD, 5th Floor, Nigam Bhawan, Kashmere Gate, Delhi-110006. The Commission notes that the RTI application was received by UD on 18/11/2009 and information was provided on 13/01/2010.
The Commission also directs PIO Town Planning Department MCD, 5th Floor, Nigam Bhawan, Kashmere Gate, Delhi-110006 to ensure that the list of colonies regularized in 1977 on the website before 05 July 2010 as part of the obligation under Section-4 of the RTI Act.
Decision:
The Appeal is allowed.
The PIO, MCD, Town Planning Department is directed to provide the complete information on queries 1, 2, 3 & 5 to the appellant before 30 June 2010.
The PIO Town Planning will also ensure that the list of regularized colonies as described above are displayed on the website of MCD before 05 July 2010.Page 2 of 3
The issue before the Commission is of not supplying the complete, required information by the PIO (UD) within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO (UD) is 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 PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
PIO (UD) will give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 25 June 2010.
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 14 June 2010 (In any correspondence on this decision, mention the complete decision number.)(SC) CC:
To, PIO Town Planning Department Municipal Corporation of Delhi 5th Floor, Nigam Bhawan, Kashmere Gate, Delhi-110006 Page 3 of 3