Central Information Commission
Satish Chander Kapoor vs Mcd on 8 June, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2014/001213
Date of Hearing : 01.06.2017
Date of Decision : 01.06.2017
Appellant/Complainant : Mr. Satish Chander Kapoor
Respondent : South Delhi Municipal Corporation
Through: Sh. Brij Kishore, AE(B-II)
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 27.03.2013
PIO replied on : 29.04.2013
First Appeal filed on : 11.06.2013
First Appellate Order on : 24.07.2013
2nd Appeal/complaint received on : 26.02.2014
Information soughtand background of the case:
Vide RTI application dated 27.03.2013, the appellant sought following information:-
1. Report of action taken after issuing a letter from Mr. S.K. Gupta, Dy. Secretary, on dated 20.11.2012.
2. Report from the Commissioner, South Delhi Municipal Corporation, regarding what action they have taken and is there any instruction issued by the Commissioner's office for concerned officer.
3. What action has been taken by the authority against the concerned officers, who had not complied with the direction.
The CPIO/Public Grievances Commission furnished the information in response to query nos. 1 & 3 and in response to query 02, RTI application was transferred to the Commissioner/South Delhi Municipal Corporation vide letter dated 29.04.2013. Having not received action taken report by the Zonal Office/officer, the appellant filed first appeal. The FAA upheld the CPIO's reply, where PIO/EE(B)HQ-II, South DMC, stated that the information relates to PIO/AC(Nodal Officer), West Zone to whom the RTI application had already been transferred by the PIO(HQ), South DMC vide letter dated 09.05.2013. Feeling aggrieved as information had not been received, the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant participated in the hearing through video conferencing from Tihar Jail while the Respondent appeared before the Commission. The Appellant narrated that he had complained about unauthorised construction on the premises No. RZ 41A, South Extension -I, Om Vihar, Uttam Nagar, New Delhi-59, which was owned by him at some point of time. When in his possession, the property comprised of one and half storeys. Subsequently, on the basis of forged documents, some miscreants illegally transferred and usurped the property. Thereafter unauthorised constructions were raised upon the property and the property now stood as a four storeyed construction. The Appellant has pointed out that Respondent has not come clean in their reply and false information has been given about action taken with respect to the unauthorised construction pursuant to booking of property on 12.01.2012. The appellant has further narrated that pursuant to the illegal and wrongful transfer of property, a case was filed by the owner/the appellant which is pending before the Court to this day. The Respondent stated that booking of the unauthorised construction was done in 2012 but in most likelihood follow up action of demolition or sealing etc with respect to the premises in question did not fructify. He has sought time to investigate into the matter and submit report.
Decision:
After hearing parties and perusal of record, the Commission notes that prima facie it is a befitting case wherein the recklessness of the official - PIO at the relevant point of time has resulted in aggravation of the case. The representative present for the hearing informed that the PIO/EE-B-II, West Zone responsible in this case is Mr. Harminder Singh. The non furnishing of information and inaction with respect to the property in question is attributable to the PIO/EE-B-II, West Zone. It is very unfortunate when vigilance exercised by a citizen about violation of law is also unheeded by the public officials who choose to remain mute spectators to such breach of law and order. Registry of this Bench is accordingly directed to issue Show Cause Notice upon Sh. Harminder Singh, the then PIO/EE-B-II, West Zone, NDMC for failure in taking follow up action with respect to the property number RZ 41A, South Extension -I, Om Vihar, Uttam Nagar, New Delhi-59, which had been booked in 2012 for unauthorised construction. Reply to the Show Cause should reach the Commission atleast a week before hearing of the Show Cause case, which should be scheduled in the normal course. The PIO is further directed to furnish a Comprehensive Reply to the Appellant within two weeks of receipt of this order clearly informing the status of the property, number of floors existent on RZ 41A, South Extension -I, Om Vihar, Uttam Nagar, New Delhi-59 on the date of booking i.e. 12.01.2012 and the current status of the property with respect to number of floors existent thereupon. The Respondent has undertaken that necessary action with respect to the unauthorised construction on the property shall be taken by them. The Commission directs the current PIO/EE(B-II) to submit an Action Taken Report with respect to the property, before the Commission, within two weeks of receipt of this order.
The appeal is disposed of on the above terms.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-
Executive Engineer-(Bldg.-II) / West First Appellate Authority under RTI Zone, Superintending Engineer-II / South Delhi Municipal Corporation, West, South Delhi Municipal Building Department, West Zone, Corporation, West Zone, Zonal
Zonal Office Building, Vishal Enclave, Office Building, Vishal Enclave, Rajouri Garden, New Delhi-110027. Rajouri Garden, New Delhi-110027. SATISH CHANDER KAPOOR Executive Engineer-Bldg.) / HQ., S/o. Shri C. R. Kapoor, Central Jail South Delhi Municipal Corporation, No.-5, Tihar Central Jail, Jail Road, Building Department, Headquarters, Tihar, New Delhi-110064. 8th Floor, Dr. S. P. M. Civic Centre, Minto Road, New Delhi-110002.
Assistant Commissioner / West Zone, South Delhi Municipal Corporation, West Zone, Zonal Office Building, Vishal Enclave, Rajouri Garden, New Delhi-110027.