Central Information Commission
Mr. Pramod Kumar vs Mcd, Gnct Delhi on 22 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000120/17870
Appeal No. CIC/SG/A/2012/000120
Relevant Facts emerging from the Appeal:
Appellant : Mr. Pramod Kumar,
S/o Late Ram Kishan Sharma,
R/o Flat No. G-1/52, Sec.-15,
Rohini, Delhi-110082.
Respondent : Mr. M. P. Gupta
Public Information Officer & SE-II
Municipal Corporation of Delhi,
O/o Superintending Engineer-II,
Rohini Zone, Sector - V,
Rohini, Delhi.
RTI application filed on : 08/09/2011
PIO replied : 15/10/2011; 04/11/2011
First appeal filed on : 29/10/2011
First Appellate Authority order : 17/11/2011
Second Appeal received on : 09/01/2011
Information sought: - The undersigned is resident of Flat No. G-1/52, First Floor, Sector-15, Rohini, Delhi-85. This property/plot is standing registered in the name of three owners while the roof of the same was left for common purposes of all the three owners. Presently the unauthorized construction was being carried out by Sh. Surinder Kumar and his wife Smt. Asha Devi at the roof of the said flat/plot in connivance and collusion with the corrupt officials of MCD, DDA and Delhi Police. Aggrieved from the illegal acts and conducts of the said anti social elements, I had given a complaint dt. 24.06.2011 addressed to (1) Hon'ble LG, Chairman & ZE DDA, Dy. Commissioner, MCD and other concerned public authorities.
On 20.07.2011, some of corrupt local officials of MCD arrived at the spot and made some punctures in the name of demolition on the existing structure of the unauthorized construction as detailed by me in my previous complaint dated 24.06.2011 and left the spot for the reasons best known to then,. In this behalf, I had filed another complaint dated 20.08.2011 before different public authorities, (copy attached) In view of the above I seek the following: -
1. As per the records of MCD, what is the status of my complaint dt. 20.08.2011?
2. What action, if any, has been taken with respect to my aforesaid complaint by the officials of MCD? If yes, kindly give full details of the same including documentary proof thereof. If no action 1as been taken by the said offices then what reasons have been recorded by the officers concern for the same in the relevant file/document/register/book/floppy disk or any other official place of record?
3. As per the record of MCD will has been appointed as Enquiry officer on my complaint? Give full details with name & designation?Page 1 of 4
4. Whether the Enquiry officer has conducted any sort of enquiry and recorded the statement of complainant and other wrongdoers? If yes, please give full particulars of the persons enquired by him.
5. Whether the Enquiry officer has concluded the enquiry on my above said complaint? If yes, supply the attested true copy of the fib constituted to conduct the inquiry on my complaint including the file noting?
6. Whether the Enquiry officer has recommended any legal action against the wrong doers if yes, what kind of action has been recommended by him? If no, what special reasons have been recorded in the relevant while disposing my aforesaid complaint?
As stated above regarding the unauthorized construction at spot, my complaint dated 24.06.2011, arrival of MCD officials at spot on 20/07/2011 at puncture the said unauthorized construction in the name of demolition and my further complaint dated 20/08/201 1.ln view of above, kindly inform the following:
a) Whether the Enquiry officer of my complaint perused the reports of Delhi Police and has ever visited the spot after filing my complaint dated 20/8/2011? Please inform date and time when he inspected the spot?
b) Whether the Enquiry officers has found any construction/unauthorized construction at the spot or not? If yes, whether enquiry officer tried to find out the name of persons and goonda elements that are/were involved in carrying out the unauthorized construction? If not then what are the reasons recorded by him for not taking any information on record?
c) If any construction, authorized or unauthorized was/is being carried out at the spot then the enquiry officer has enquired/verified that the said construction is as per building bye-law and the wrong doers has taken the due legal permission from MCD or any other public authority as required by law? If yes, please supply the attested true copy of the said permission along with proceedings sheet showing the exact status of the construction?
d) Whether the enquiry officer 0 my complaint has ever tried to find out the responsible officers of MCD in whose duty and responsibility the said unauthorized construction was carried out or not?
e) Whether the enquiry officer has ever visited the spot and found 'unauthorized construction or not? If yes, whether the enquiry officer traced out the persons/officers of MCD who is/are responsible for unauthorized construction? If yes, specify the name of the said wrong doers?
f) Whether the said unauthorized construction has been demolished or not? If yes, please the name of the officer in whose presence the said construction was demolished with date, month and year?
g) Whether the said illegal and unauthorized construction including blockage of gali and drains due to raw material have been removed or not? If yes, give full details of the same?
h) Whether the said enquiry officer has noted down the notes relating to the damages caused to the MCD and property?
i) Please inform the name and designation of the AE, JE and other subordinate staff who are responsible for illegal construction and non-removal of unauthorized construction and debris from the spot?
j) Whether the officials of MCD have tried to recover the loss from the salary of guilty MCD officials and the wrongdoers? If yes, what is the value of penalty that has been recovered from the persons and the officers so far?
k) Whether the enquiry officer has lodge the FIR against the persons and officials involved in carrying out the unauthorized construction.
l) Whether the guilty officers of MCD have been suspended/terminated/removed from their services? If yes, please inform the order. If no, under what circumstances, the department is allowing such corrupt officers to harass and humiliate the public and to misuse their powers and positions?Page 2 of 4
m) Whether the enquiry officer has concluded the inquiry? If yes, whether he has submitted his finding on my complaint?
7. Please supply the attested true copy of the record of completed inquiry conducted by the enquiry officer as on date of reply of this RTI application.
PIO response:-
1. Demolition action has been taken.
2. Please see reply at S.No. 1 above.
3. As and when any complaint regarding unauthorized construction is received in the office concerned area JE takes action against unauthorized construction as per DMC Act. In this case no. EO has been appointed separately.
4. Kindly refer to reply at S.No. 1 & 3 above.
5. Kindly refer to reply at S.No. 1 & 3 above.
6. No such report has been prepared and kindly refers to reply at S.No. 1 & 3 above.
a) This does not comes under section (2f) of the RTI Act as no information as per record has been sought. No such record is mention.
b) Unauthorized construction was found and demolition action taken. This part of question is covered under RTI Act.
c) Kindly refer to reply at S.No. 1 & 6b above.
d) The information sought is not in the form of available record.
e) Kindly refer to reply at S.No. 6b above.
f) Kindly refer to reply at S.No. 1 above and the Name of J.E. Sh. Subodh Hathwal.
g) No such type of record is available.
h) Demolition action is noted in the demolition register.
i) Owner of the property is himself responsible for unauthorized construction.
j) No such record is available.
k) No.
l) This is not the information sought as per the record available.
m) Kindly refer to reply at S.No. 1 above.
7. No such inquiry has been conducted.
Grounds for the First Appeal:
Unsatisfactory information was given by the PIO.
Order of the First Appellate Authority (FAA):
I have been gone through. The representative of PIO produced a copy of information which has been sent to the appellant.
Grounds for the Second Appeal:
Unsatisfactory reply and Order of FAA received by the Appellant.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Pramod Kumar;
Respondent : Mr. K. R. Meena, AE on behalf of Mr. M. P. Gupta, Public Information Officer & SE-II;
The Appellant had filed a complaint for a particular property on 24/06/2011 and subsequently on 20/08/2011. The Appellant had filed an RTI application after both complaints with fairly similar queries in both. From the discussions before the Commission it appears that the PIO has mixed up the two different RTI applications and specific information has not been provided on the RTI application which was filed by the Appellant on 08/09/2011.It is again clarified that the information that is sought in this RTI application relates to the Appellant's complaint of 20/08/2011.Page 3 of 4
Decision:
The Appeal is allowed.
The PIO is directed to provide the information point-wise alongwith all relevant documents to the Appellant before 10 April 2012.
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 22 March 2012 (In any correspondence on this decision, mention the complete decision number.) (SU) Page 4 of 4