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Decision No. CIC /WB/A/2008/01510/SG/0923 Appeal No. CIC/WB/A/2008/01510/

Relevant Facts emerging from the Appeal

Appellant : Sh. Birender Singh, C-1, Place, IFFCO, .

Respondent 1 : Executive Egg. (Building) & PIO, Municipal Corporation of Delhi, Zone, Delhi – 110036

RTI application filed on : 22/05/2008 PIO replied : 18/08/2008 First appeal filed on : 18/07/2008 First Appellate Authority order : 08/08/2008 Second Appeal filed on : 27/08/2008

The Appellant had filed an application seeking information regarding the Flat No. A-71/2 DDA Flats Naraina Vihar, New Delhi constructed 2nd Floor & some construction on 3rd Floor during May 2007 to Aug 2007. The Details of information required with the PIO’s reply as follows:-

S. No. Information Sought. The PIO replied. 1. Physical construction existing as It is informed that as per record/Misal Band Register on date on 2nd floor of the above maintained in Building Dept., Karol Bagh Zone for property. booking of unauthorized construction, there is no booking in respect of Flats No. A-71/2, DDA Flats, Naraina Vihar, New Delhi w.e.f. 01-01-05 till date. 2. Physical construction existing as It is informed that as per record/Misal Band Register on date 3rd floor of the above maintained in Building Dept., Karol Bagh Zone for property. booking of unauthorized construction, there is no booking in respect of Flats No. A-71/2, DDA Flats, Naraina Vihar, New Delhi w.e.f. 01-01-05 till date. 3. Construction out of the above The addition/excess coverage in DDA Flats can be cannot be regularized by any regularized as per policy/Circulated by the Building means and unauthorized. (HQ), in this regard. 4. Construction as per records of It is informed that as per record/Misal Band Register MCD. maintained in Building Dept., Karol Bagh Zone for booking of unauthorized construction, there is no booking in respect of Flats No. A-71/2, DDA Flats, Naraina Vihar, New Delhi w.e.f. 01-01-05 till date. 5. Reasons for not bringing Information under RTI is provided as per record unauthorized construction to maintained/available with the Dept. therefore, quarry records despite various raised in paras under reply do not constitute complaints against the property. ‘Information’ under RTI Act. 6. Why MCD has allowed Information under RTI is provided as per record continuing construction and has maintained/available with the Dept. therefore, quarry not demolished the said raised in paras under reply do not constitute construction so far despite ‘Information’ under RTI Act. complaints against the property?

The First Appellate Authority ordered: “PIO is directed to give the reply within 10 days. If Appellant does not receive reply within 10 days, he has liberty to go to the Hon’ble CIC, for further relief.”

Relevant Facts emerging during Hearing: The following were present. Appellant : Sh. Birender Singh Respondent : Mr. S.K.Lakra on behalf of S.L. Bhairwa then PIO The appellant has been supplied most of the information in his other RTI applications.

Decision: The appeal is disposed. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.

Shailesh Gandhi Information Commissioner 7th January, 2009

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