CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

CIC/SDMCC/A/2017/109908 CIC/SDMCC/A/2017/106035 CIC/SDMCE/A/2017/103023 CIC/SDMCE/A/2017/103022 CIC/SDMCC/A/2017/189713 CIC/SDMCC/A/2017/194303 CIC/SDMCC/A/2017/194305 CIC/SDMCC/A/2017/194302 CIC/SDMCC/A/2017/109910 CIC/SDMCC/A/2017/109911

Date of Hearing : 13.09.2017 Date of Decision : 13.09.2017

Appellant/Complainant : Mr. Harsh Gautam Respondent : PIO Ex. Engineer(Build)-I Central Zone, SDMC Through:- Sh. Rakesh Kumar- on behalf of EE(B-I)

Information Commissioner : Shri Yashovardhan Azad

Relevant facts emerging from appeal:

Case No. Filed on CPIO reply First appeal FAA 109908 07.12.2016 02.01.2017 - 03.02.2017 106035 10.10.2016 22.11.2016 18.11.2016 13.01.2017 103023 08.11.2016 13.12.2016 08.12.2016 29.12.2016 103022 10.10.2016 16.11.2016 15.11.2016 29.12.2016 189713 19.09.2016 14.10.2016 24.10.2016 17.11.2016 194303 19.09.2016 17.10.2016 24.10.2016 17.11.2016 194305 19.09.2016 17.10.2016 24.10.2016 17.11.2016 194302 03.10.2016 04.11.2016 07.11.2016 02.12.2016 109910 01.12.2016 02.01.2017 06.01.2017 03.02.2017 109911 01.12.2016 30.12.2016 - 03.02.2017

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Since both parties are same, the above mentioned appeals are clubbed together for hearing and disposal to avoid multiplicity of the proceedings.

Information sought and background of the case:

CIC/SDMCC/A/2017/109908

The appellant filed a representation on 07.11.2016 to prevent the illegal and unauthorised construction in the Municipal premises no. 284, Hari Nagar Ashram, New Delhi-110014. Subsequently he filed an RTI application dated 07.12.2016 seeking action taken on his representation and status of enquiry. The CPIO replied as under:-

1. As per record, no action is found taken on above mentioned complaint dated 07.11.2016, and reminder dated 21.11.2016. 2. No such information is available on the record of this office.

Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA directed the PIO/EE(B)-I/CNZ to examine the facts found in the representation of the appellant & on the basis of facts take further necessary action in the matter as per law. Feeling aggrieved, the appellant approached the Commission.

Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. Appellant has not appeared to contest his case. The PIO/EE(B)-I/CNZ is directed to comply with orders of the FAA and submit an action taken report within two weeks of receipt of this order, unfailingly. In the event of non compliance of these directions, appropriate penal action will be initiated.

CIC/SDMCC/A/2017/106035 The appellant filed a representation on 26.09.2016to prevent the illegal and unauthorised construction in the Municipal premises no. 802, 943, 946, 1182, T-825, Ward no. 158, Kotla Mubarakpur, New Delhi. In this regards appellant sought action taken and status of enquiry. The appellant received reply from CPIO after filing first appeal. The CPIO’s replied as under:-

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1. As per record, no action is found taken on the complaint and reminder under reference. It is further informed that action against illegal construction is found initiated by this office in respect of P.No. 946, Kotla Mubarakpur, New Delhi from ground floor to third floor under section 343 & 344 of the DMC Act on 25.10.2012 and on 31.12.2012. It is also informed that no illegal construction is found noticed and booked in respect of rest of the properties. 2. As (1) above

The FAA informed that reply/information had been provided late to the appellant by PIO, EE(B)-I/CNZ. Feeling aggrieved, the appellant approached the Commission.

Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. Appellant has chosen not to appear nor contest the case. No further action is warranted in this case, since it has already been stated by the PIO that no action has been taken on the representation of the appellant.

CIC/SDMCE/A/2017/103023

The appellant filed a representation on 24.10.2016 in connection with the property no. 135, Bhagwan Nagar, Near Easy Day, Sunlight Colony, Ashram, New Delhi, 131 DDA Flats Sunlight Colony-II, New Delhi, 698, Sunlight Colony –II, Near Mother Dairy, Ashram, New Delhi (construction carried out on the 6th floor), 519, Sunlight Colony-II, New Delhi. In this regards appellant sought action taken on his representation and status of enquiry. The appellant received reply from CPIO after filing first appeal. CPIO replied as under:-

1. As per record, no action is found initiated by this office on the above mentioned letter and reminder. 2. As above (1).

The FAA upheld the CPIO’s reply. Feeling aggrieved, the appellant approached the Commission.

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Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. No further action is warranted in this case, since it has already been stated by the PIO that no action has been taken on the representation of the appellant.

CIC/SDMCE/A/2017/103022

The appellant filed a representation on 26.09.2016to prevent the illegal and unauthorised construction in the Municipal premises no. I-22, B-100, H- 124, F-134, Lajpat Nagar-I, New Delhi-110024. In this regard, the appellant filed an RTI application seeking information about action taken and status of enquiry. The appellant received reply from CPIO after filing first appeal. The CPIO replied as under:-

1. As per record, no action is found taken on the complaint and reminder under reference. It is also informed that building plan is found sanctioned by this office for the construction in respect of P.No.I-22, and B-100, Lajpat Nagar-1, New Delhi. It is also informed that no illegal construction is found noticed and booked in respect of said properties. It is further informed that no illegal construction is found noticed and booked on the record of this office in respect of rest of the properties mentioned in subject noticed RTI application. 2. As at (1) above

The FAA upheld the CPIO’s reply. Feeling aggrieved, the appellant approached the Commission.

Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. Since appellant has neither appeared nor sent any submission to contest his case, no further action is warranted in this case, in view of the facts of the case.

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CIC/SDMCC/A/2017/189713

The appellant filed a representation on 22.08.2016 to prevent the illegal and unauthorised construction at properties number 43/1, 83/2, 98/2, 155/A, Gali No. 2, Govindpuri, Kalkaji, New Delhi-110019 and 184/3, 206/3, Gali no. 3, 266-B Gali no. 4, 305-B/5, 363-B/5, 408/5, 434/5, Govindpuri, Kalkaji, New Delhi110019. Pursuant to the representation, the appellant filed an RTI application seeking information about action taken and status of enquiry. The CPIO replied as under:-

1. Requisite information is not available on the record of this office in a compiled form. Moreover, same is voluminous in nature which will definitely divert the resources of this office. Hence, if required, applicant can inspect relevant available record in this office on 19.10.2016 between 9.30 a.m. to 10.30 a.m as per provision of RTI Act 2005. 2. As at 1 above.

Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA directed the O.I.(Bldg)/CNZ to co-operate and arrange the relevant record for inspection on the schedule date & time. Feeling aggrieved, the appellant approached the Commission.

Relevant facts emerging during hearing: The appellant failed to appear or even send any submissions stating his case and his grievance with the information received. Respondent is duly represented and reiterated facts of the case. The Respondent further averred that during the FAA’s hearing the appellant agreed to inspect the files and date was fixed on 28.11.2016 at 10.00am. However on the agreed date and time, the appellant did not visit the Respondent nor availed inspection of the files.

Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. Since appellant has neither appeared nor sent any submission to contest his case, nor has he visited the Respondent to inspect the records of the case, as agreed, he seems disinterested in seeking the information. Hence, no further action is warranted in this case.

CIC/SDMCC/A/2017/194303

The appellant filed a representation on 26.07.2016 to prevent construction D-764, G-1442, H-1463, I-1632, J-1981 and J-1984 Chittaranjan Park, New Delhi - 110019. In this regard, the appellant filed an RTI Application seeking

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information about action taken and status of enquiry. The CPIO replied as under:-

1. As per record, no action is found taken on the complaint and reminder under reference. It is also informed that building plan is found sanctioned by this office for the construction in respect of P.No. D-764, H-1463 and J-1981, C.R. Park, New Delhi. No illegal construction is found booked in respect of properties mentioned is subject noted RTI application. Rest of the information being sought through this point is not available on the record of this office. 2. As at (1) above

Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA informed that the reply/information had been provided to the appellant. Feeling aggrieved, the appellant approached the Commission.

Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. The FAA has also upheld that CPIO reply has been duly provided. No further action is warranted in this case.

CIC/SDMCC/A/2017/194305

The appellant filed a representation on 08.08.2016 to prevent construction D-611, D-773, E-80073, F-1107, F-1108, F-1134, F-11071 and F-110096 Chittarajnjan Park, New Delhi-110019. In this regards appellant sought action taken and status of enquiry. The CPIO’s replied as under:-

1. As per record, no action is found taken on the complaint under reference. It is also informed that building plan is found sanctioned by this office for the construction in respect of P.No. D-611, F-1107, F- 1134, C.R. Park, New Delhi. P. No. E-80073 and F-110096 are seems incorrect /wrong. No illegal construction is found booked in respect of properties mentioned is subject noted RTI application. Rest of the information being sought through this point is not available on the record of this office. 2. As at (1) above

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Relevant facts emerging during hearing: The appellant failed to appear or even send any submissions stating his case and his grievance with the information received. The facts of this case are almost identical to the preceding one viz. CIC/SDMCC/A/2017/194303, except the property in question. Respondent is duly represented and reiterated facts of the case.

Decision:

CIC/SDMCC/A/2017/194302 The appellant filed a representation on 12.09.2016 to prevent illegal and unauthorised construction in the premises no. K-38, K-4 and G-46, Jangpura Extn. New Delhi-110014. Pursuant to the representation, the appellant filed an RTI application seeking information about action taken and status of enquiry. The CPIO’s replied as under:-

1. As per record, no action is found taken on the above mentioned representation dated 12.09.2016. However, it is also informed that building plan are sanctioned by this office for the construction in respect of P.No. K-38, Jangpaura Extn., New Delhi and in respect of P.No. G-46, Jangpura extn., New Delhi on 22.12.2014 and on 21.04.2016 respectively. No information is found on the record of this office in respect of P.No. K-4, Jangapura Extn. Enw Delhi. No deviation/excess coverage is found noticed on the record of this office in respect of P.No. K -38 and G-46, Jangpapura Extn. New Delhi 2. As at (1) above

Relevant facts emerging during hearing: The appellant failed to appear or even send any submissions stating his case and his grievance with the information received. The facts of this case are almost identical to the preceding ones, except the property in question. Respondent is duly represented and reiterated facts of the case.

Decision:

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CIC/SDMCC/A/2017/109911

The appellant filed a representation on 07.11.2016 to prevent illegal and unauthorised construction in the premises no. A-11 Jangpura Extn. New Delhi-110014. In this regards appellant sought action taken and status of enquiry. The CPIO’s replied as under:-

1. As per record, no action is found taken on the above mentioned complaint dated 7.11.2016 and reminder dated 21.11.2016 2. No such information is available on the record of this office Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA directed the PIO/EE(B)-I/CNZ to examine the facts found in the representation of the appellant & on the basis of facts take further necessary action in the matter as per law. Feeling aggrieved, the appellant approached the Commission.

Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. The PIO has not taken any action despite specific directions of the FAA vide order dated 07.12.2016. PIO/EE(B)-I/CNZ is directed to take action in terms of order of the FAA and submit an Action Taken report before the Commission within two weeks of receipt of this order. It is made clear that in the event of non receipt of the Action taken Report, appropriate punitive action shall be initiated against the defaulter.

CIC/SDMCC/A/2017/109910 The appellant filed a representation on 07.11.2016 to prevent illegal and unauthorised construction in the premises no. A-36 Jangpura Extn. New Delhi-110014. In this regards appellant sought action taken and status of enquiry. The CPIO replied as under:-

1. As per record, action against illegal construction has been initiated by this office on 21.11.2016 under section 343 & 344 of the DMC Act in respect of P.No. 36, Jangpura Road Bhogal, New Delhi after receipt of the complaint from the applicant. 2. Needs no reply in view of reply at 1 above. Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA directed the PIO/EE(B)-I/CNZ to examine the facts found

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in the representation of the appellant & on the basis of facts take further necessary action in the matter as per law. Feeling aggrieved, the appellant approached the Commission.

Decision:

In view of the facts of the case, the Commission notes that information as available has been duly provided. No further action is warranted in this case.

The aforesaid appeals are disposed of with the above directions.

(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

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Copy to:-

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