Central Information Commission
Mrsatya Pal vs Mcd, Gnct Delhi on 28 July, 2014
CENTRAL INFORMATION COMMISSION
ROOM NO. 329, SECOND FLOOR, C-WING
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
Tel. No. 91-11-26717356
F.No CIC/DS/A/2013/001413
Date of Hearing : 28.07.2014
Date of Decision : 28.07.2014
Appellant : Shri Satya Pal,
Delhi
Respondent : Shri R.K. Khari, AE(B)/CPIO
North Delhi Municipal Corp.,
Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant fact emerging from appeal:
RTI Application filed on : 20.03.2014
PIO replied on : No reply
First Appeal filed on : 08.05.2013
First Appellate Authority (FAA) order on : 05.06.2013
Second Appeal received on : 23.07.2013
Information sought:
Appellant had sought information regarding his complaint i.e. in relation to an unauthorised construction, encroachment and obstruction in the street in Roshanara Road, Delhi.
Relevant facts emerging during hearing:
Both the parties are present. The appellant filed an RTI application on 20.03.2014 seeking information regarding his complaint i.e. in relation to an unauthorised construction, encroachment and obstruction in the street in Roshanara Road, Delhi. The appellant stated that he has not received any information from the respondent. Respondent stated that the reply was furnished on 06.05.2013 a copy of which was submitted to the Commission. The appellant stated that in the First Appellate Authority order dated 05.06.2013, it is clearly mentioned that no reply has been sent to the appellant. FAA also directed the PIO to send the reply to the appellant within 10 days time.
The respondent submitted a written submission dated 25.07.2014 and stated that action was taken on 29.05.2014 against the said property in which part demolition was done with the help of Police Force. The action committed comprised demolishing one RCC panel at the First Floor and brick wall on the First and Second Floor. The respondent also stated that the concerned Maintenance Division is also to take action against the public encroachment by the said property.
Decision:
The Commission directs PIO, Building, S. P. Zone to transfer the RTI application to PIO, Maintenance, who shall provide information on the action taken with respect to query on public encroachment mentioned in the RTI Application, within two weeks of receipt of RTI application, under intimation to the Commission.
The Commission further directs the PIO, Building, S. P. Zone North Delhi Municipal Corporation to submit written submissions, latest by 28th August, 2014, to show cause why penalty should not be imposed on him for not complying with the FAA's order.
The appeal is disposed of accordingly.
(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.
(Tarun Kumar) Joint Secretary & Additional Registrar