Central Information Commission
Mr.Jawahar Singh vs Mcd, Gnct Delhi on 28 January, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003119/11150
Appeal No. CIC/SG/A/2010/003119
Relevant Facts emerging from the Appeal
Appellant : Mr. Jawahar Singh,
Jhuggi Jhopri Ekta Manch,
C125, Bindapur,
Pocket.4 ,
New Delhi 110054.
Respondent (1) : Mr. Naurang Singh
Public Information Officer & SE-I (West Zone) Municipal Corporation of Delhi, (West Zone) Office of the Superintending Engineer-I, Vishal Enclave, Rajouri Garden, New Delhi 110027.
Respondent (2) Mr. N. H. Sharma,
PIO & EE,
Delhi Urban Shelter Improvement Board
Govt. of NCT of Delhi
Raja Garden, New Delhi
RTI application filed on : 21/07/2009
Transfer of application 13/08/2010
PIO replied : 25/08/2010
First appeal filed on : 01/10/2010
First Appellate Authority order : 26/11/2010
Second Appeal received on : 03/11/2010
Information Sought:
1 Details of the time when the drainage will be cleaned which have been blocked infront of the "basti."
2 Details of the time when the road between the "basti"and Khajan "basti" will be constructed which had been dug up several times.
3 Details of the time when the concrete road will be constructed. 4 Details of the time when will be the road constructed infront of the "basti" 5 Details of the reason why the drainage system for rainwater is still not been constructed.
Transfer of application:
Since it did not fall under the jurisdiction of the Assistant Commissioner to the Suptd. Engineer-1 West Zone.
Reply of PIO:
1. The work will be done soon.
2. It does not fall under the department's jurisdiction.
3. Work will be done soon.
4. Reply can be sought from MCD.
5. As soon as DESM cleans the other drains the drainage of rainwater will be cleaned as well.
First Appeal:
PIO replied to only query no 3.Pleads for the rest of the answer.
Order of the FAAs Order:
APIO works department was directed to supply the revised reply within 15 days.
Ground for the Second appeal:
Appeals for the hearing and take strict actions against the department.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Jawahar Singh;
Respondent : Mr. Ajay Gautam, EE(M-I) on behalf of Mr. Naurang Singh, PIO & SE-I (WZ) MCD;
Mr. N. H. Sharma, PIO & EE, DUSIB;
The Appellant has basically sought information about cleaning of drain and its repair. MCD transferred this part to the Slum & JJ Department (DUSIB). The FAA, MCD asked the PIO of MCD to provide the information on this to the Appellant who on 16/11/2010 has stated that this is the responsibility of DUSIB. PIO, DUSIB Mr. N. H. Sharma states that this is not the responsibility of DUSIB and that it is the responsibility of MCD. The poor Appellant and his area is left with both the agencies claiming that they are not responsible for the cleaning of the drain. The Appellant states that the drain is completely clogged and the place if filthy and can result in a health hazard. Both the PIOs from MCD and DUSIB are claiming that their agency is not responsible for this.
The drain has been damaged and MCD and DUSIB cannot makeup their minds as to who will repair the drains. Consequently citizens suffer since no body is sure who will provide services. The Commission orders joint inspection of the drain on 31 January 2011 at 12.00noon. The Appellant and the two respondents will meet at the slum toilets at the site and carry out a joint inspection. After the joint inspection a report will be made identifying the agency responsible for the repair of damaged drain and its cleaning. All three will keep a copy of the report and Mr. Ajay Gautam will send a copy of this report to the Commission.
Decision:
The Appeal is allowed.
The PIOs are directed conduct a joint inspection as directed above on 31 January 2011. They will prepare a joint inspection report signed by all the parties.
Mr. Ajay Gautam is directed to send a copy of the inspection report to the Commission before 05 February 2011.
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 28 January 2011 (In any correspondence on this decision, mention the complete decision number.) (ns)