INFORMATION COMMISSION No.2, Thiyagaraya Salai (Near Aalaiamman Temple), , – 600 018. Telephone: 24357580

Order Date : 11.04.2017 (F.N.)

Present

Tmt. B.NEELAMBIKAI, M.A., B.L., STATE INFORMATION COMMISSIONER ********

Case No.SA 1095/Enquiry/E/2016

Thiru K.Balaraman … Appellant.

Vs.

The Public Information Officer, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, , Chennai – 600 008.

The Public Information Officer, Zone - XIV, Greater Chennai Corporation, 6/64. Puzhuthivakkam Main Road, Chennai – 600 091. … Public Authority. *********

O R D E R

The petitioner Thiru K.Balaraman was absent for today’s (11.04.2017) enquiry. The Public Authority was represented by Tmt. V.Susheela, Grievance Officer, Chennai Metropolitan Development Authority, Egmore, Chennai and Thiru M.Pugalendhi, Executive Engineer, Zone – XIV, Greater Chennai Corporation, Ullagaram – Puzhuthivakkam, Chennai. 2. By letter dated 02.04.2017, the petitioner informed the Commission that he was not able to present in person for the case. 3. The second appeal dated 30.01.2016 filed under Section 19(3) of the Right to Information Act, 2005, pertaining to the petition dated 31.10.2015 filed under Section 6(1) and first appeal dated 14.12.2015 filed under Section 19(1) was enquired today (11.04.2017). 4. In the petition filed under Section 6(1) of the Right to Information Act, 2005, dated 31.10.2015, the appellant has raised three queries regarding the violations of approved plan by M/s. Mayur Constructions in S.No.95, Ullagaram-Puzhuthivakkam Planning Permit No.89/97 (BA No.106/97, dated 11.04.1997). This petition was wrongly addressed to the Public Relations Officer (RTI). Chennai Metropolitan Development Authority, Egmore, Chennai. The first appeal was preferred to the Chief Executive Officer (RTI) Appellate Authority, Chennai Metropolitan Development Authority, Chennai on 14.12.2015. 5. The Public Information Officer who represented the Chennai Metropolitan Development Authority informed the Commission that no planning permission was issued by the Chennai Metropolitan Development Authority and hence they have forwarded the same under Section 6(3) of Right to Information Act, 2005 to the Public Information Officer, Zone XIV, Greater Chennai Corporation and informed the same to the appellant. On receipt of the letter from Chennai Metropolitan Development Authority, the Public Information Officer, Zone XIV, Greater Chennai Corporation by letter dated 02.02.2016 has informed the appellant that building plan was approved by Ullagaram – Puzhuthivakkam Town Panchayat and Corporation is not taking any action for deviation for the referred construction and has further added that regarding building planning permit, no record was handed over to Greater Chennai Corporation by Ullagaram – Puzhuthivakkam Town Panchayat. 6. The Public Information Officer, Zone – XIV, Greater Chennai Corporation made it clear before the Commission that a reading of the petition filed under Section 6(1) of Right to Information Act, 2005, dated 31.10.2015 reveals that the query raised was in respect of a building for which planning permit has been issued by the Ullagaram – Puzhuthivakkam Town Panchayat during 1997-98. He added that Ullagaram – Puzhuthivakkam was annexed with Corporation of Chennai on 25.10.2011 and presently falls within Zone – XIV of Greater Chennai Corporation. The file regarding the building planning approval mentioned by the appellant was not available in their office and the records reveal that the file pertaining to plan approval of Mayur Constructions was not handed over to their office. As there is no record in their office regarding action taken against Mayur Constructions, the Public Information Officer sent a reply to the appellant by letter dated 07.12.2015, mentioning all the above mentioned details. A reading of the reply dated 07.12.2015 reveals that the Public Information Officer has made it clear that there is no record in their office regarding the action taken against Mayur Constructions. 7. The petition filed under Section 6(1) of Right to Information Act, 2005, dated 31.10.2015 was filed before the Public Authority namely, Chennai Metropolitan Development Authority and then transferred under Section 6(3) to the Public Information Officer, Zone – XIV, Greater Chennai Corporation. On the facts and circumstances of this case, the Commission conclude that information sought by the appellant could not be furnished by the Public Authority, as the information sought for by the appellant were not available in the Office of the Public Information Officer, Greater Chennai Corporation, hence upheld the reply furnished and no further enquiry is required in this case and the appeal is treated as closed. Sd/- B.Neelambikai State Information Commissioner

(By order of the Commission)

Assistant Registrar

Case No.SA 1095/Enquiry/E/2016 To Public Authority

The Public Information Officer, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008.

The Public Information Officer, Zone - XIV, Greater Chennai Corporation, 6/64. Puzhuthivakkam Main Road, Chennai – 600 091.

Petitioner

Thiru K.Balaraman, Flat C – 23, CEL Society Apartments, Vasundhara Enclave, New Delhi – 110 096.

Copy to: Judgement File. Spare. “ptl ps 17/04/17”