Central Information Commission
Hans Raj Chugh vs Delhi Fire Services on 9 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DLFSR/A/2023/135180
Hans Raj Chugh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Delhi Fire Service
HQ, Connaught Lane,
Barakhamba Road, New Delhi - 110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 05.08.2024
Date of Decision : 09.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 08.05.2023
CPIO replied on : 04.07.2023
First appeal filed on : 21.06.2023
First Appellate Authority's order : 01.08.2023
2nd Appeal/Complaint dated : 21.08.2023
Information sought:
The Appellant filed an RTI application dated 08.05.2023 seeking the following information:
"Is the building T.C.jaina Tower-II On plot No-6 District Centre Janakpuri New Delhii- 110058 constructed by AAR PEE Apartment M-132 Sri Adinath House opposite Super bazar Connaught Circus New Delhi-110001 is covered by the followings:
1. Above referred building is covered under followings Act/laws/rules of fire department:
2. Delhi Fire Prevention & Safety Act 1986
3. Fire safety Guidelines Page 1 of 4
4. Delhi Building by laws related to fire or any other law/Act related to fire safety Kindly name any other Act /law (other than above) which referred project related to fire, kindly inform if all above law/Act rules related to fire (as referred point -1 above are being complied strictly by the builder AAR PEE Apartment during constructing above said project of commercial building of 9+1(with basement) stories which is completed and issued NOC/Occupant certificate in 1999
5. Kindly inform Delhi Fire service officer physically verified the compliance of above referred law (as referred in "1")
6. kindly Name of the officer with designation. Who has inspected latest inspection date and year carried out by the officers of Fire Department and the instrument used to check the fire safety of the said building Like completion certificate/completion plan or any other instrument used by the Delhi Fire Services before issuing the NOC from Delhi Fire Services
7. Kindly inform the violation of related to fire by the builder during latest inspection
8. Any violation found by Delhi Fire Service in the building kindly inform what action taken by Delhi Fire Service before issuing No objection certificate, please provide the copy of the same on payment as prevalent under RTI act-2005
9. Builder applied Delhi Fire Services for obtaining for NOC kindly provide the copy of the builder for applying the NOC from Delhi Fire Services
10. Kindly inform the Delhi Fire Service is satisfied with the Peoples safety measure equipment installed by Builder on the above referred building during inspection
11. Please provide the copy of sanction/completion plan of fire water tank and its accessories is installed as per sanctioned plan/completion plan approved by DDA or by fire Department of Delhi NCR"
The CPIO furnished a point-wise reply to the Appellant on 04.07.2023 stating as under:
"Query No. 1, 2 & 3 Information, sought, is not clear.
Query No. 4 Delhi Fire Service Act-2007 and Delhi Fire Service Rules - 2010.
Query No. 5 Fire Safety Certificates is issued to Jaina Tower II, Plot No. 06, District Centre, Janak Puri New Delhi 110058 and uploaded on the official website of Delhi Fire Service i.e. dfs.delhigovt.nic.in. having information about compliance of relevant law. You may see and downloaded the same free of cost.Page 2 of 4
Query No. 6 Fire Safety Certificates is issued to Jaina Tower II, Plot No. 06, District Centre, Janak Puri New Delhi 110058 and uploaded on the official website of Delhi Fire Service i.e. dfs,delhigovt.nic.in. having information about inspecting officers. You may see and downloaded the same free of cost.
Query No. 7, 8 & 10 Please refer reply at query no. 5 Query No. 9 Information, sought, is covered under section 11 (1) of RTI Act - 2005.
Query No. 11 No information is available in this department regarding building plans, approved by DDA"
Being dissatisfied, the appellant filed a First Appeal dated 21.06.2023. The FAA vide its order dated 01.08.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Mukesh Verma, PIO-cum-Divisional officer (Operation), attended the hearing in person.
The Appellant stated that he is not satisfied with the reply provided by the Respondent qua the instant RTI Application. He apprised the bench of the fact that the building in question is neither designed for nor capable of supporting a water tank having capacity 2,20,000 litres. He alleges that inspecting officers have not given true facts in their report.
The Respondent submitted that an adequate information based on available records has been given to the Appellant vide letter dated 04.07.2023. He added that fire water tank of capacity 2,20,000 litres has been constructed by the owner/occupier on the terrace of the building and therefore, the Delhi Fire Service issued Fire Safety Certificate to the building in accordance with law and the same is also available on their website.
A written submission has been received from Shri Mukesh Verma, PIO-cum- Divisional officer (Operation), vide letter dated 01.08.2024, a copy of which has Page 3 of 4 been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"Sub: Regarding Second Appeal No. CIC/DLFSR/A/2023/135180 dated 22.07.2024 & CIC/GNCTD/A/2023/147601 dated 22.07.2024 filed by Shri Hans Raj Chugh. Sir This has a reference to the subject matter cited above. In this connection Para-wise comments to the Appeal are as under.
Para-1 The PIO Delhi Fire Service has furnished the actual information to the appellant.
Therefore, the averment made by the appellant, is baseless and thus vehemently denied.
Para-2 The contents of corresponding Para are wrong, misleading, misconceived and hence vehemently denied. The fire water tank has been constructed by the owner/occupier on the terrace of the building and therefore, the Delhi Fire Service issued Fire Safety Certificate to the building in question. Para-3 The contents of corresponding Para are wrong, misleading, misconceived and hence vehemently denied. The appellant was given opportunity to the full extent for argument as well as for submission of documents in his favour. Para-4 The Delhi Fire Service has issued Fire Safety Certificate to the building in question in accordance with law."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that an adequate reply in terms of RTI Act has been given to the Appellant vide letter dated 04.07.2023. Grievance of the Appellant cannot be addressed under the scope and ambit of the RTI Act, and the Appellant is advised to seek appropriate legal remedy in this regard. No intervention of the Commission is required in the instant matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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