Action taken on police complaints pertaining to unauthorised construction – the CIC recommends to the Commissioners of Delhi Municipal Corporation to uploaded information about unauthorised constructions and actions taken thereon on website
Action taken on police complaints received by the Corporation pertaining to unauthorised construction – u/s 19(8)(a)(iv), the CIC recommended to the Commissioners of the North Delhi Municipal Corporation and the other two municipal corporations to give directions to all zonal Deputy commissioners to continue with the practice of ward wise maintenance of records pertaining to unauthorised constructions and actions taken thereon - these Excel sheets should also be uploaded on the website of the three Municipal Corporations of Delhi
1. Appellant submitted RTI application dated 26 March 2012 before the CPIO, North Delhi Municipal Corporation, New Delhi seeking details in respect of the number of police complaints received regarding construction activities in the jurisdiction of MCD Karol Bagh Zone.
2. Vide CPIO Order dated 12 June 2012, opportunity for file inspection was provided to the Appellant.
3. The Appellant preferred first Appeal dated 21 June 2012 to the First Appellate Authority.
4. Vide FAA Order dated 5 July 2012, Order of CPIO/SE/KBZ was upheld.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today. Both parties as above appeared in person and made submissions. Appellant stated that he had not received full and complete information from the CPIO and that even though the appellant had clarified in appeal that he was ready to deposit the requisite amount, nevertheless no information was provided. It is also asserted by the appellant that the first appellate authority has failed to discharge his duties as envisaged in the RTI Act and has without any application of mind simply concurred with the orders of the CPIO. The respondents, submitted that on receiving police complaints, the Superintending Engineer marks them to the concerned EE who in turn forwards the complaints to the
concerned AE and JE. CPIO stated that it has been the practice for the concerned AEs/JEs to prepare in Exel sheet format, the action taken report on these complaints and submit this information before the STF. However, after the dissolution of the STF, this practice was broadly discontinued.
7. After hearing both the parties, Commission directs the CPIO as follows:
Points 1, 2, 3 and 4: CPIO will provide information to the appellant by way of providing photocopy of the complaints register for the period January 2012 – March 2012 (for three months) along with copies of Excel sheets prepared by the concerned JE/AEs for this period.
Point 5: CPIO will also provide information regarding monitoring of these Excel sheets by the DC and SE. If necessary the CPIO can obtain this information from the office of the DC and SE under the provisions of section 5(4) and section 5(5) of the Act.
Point 8: the appellant has sought information regarding the reports made after conducting random checks by the DC and SE which are required to be prepared once in three months and two months respectively as per existing guidelines. This information can also be obtained by the CPIO from the offices of both the above mentioned officers under the provisions of section 5(4) and section 5(5) of the Act.
Point 9: during the hearing appellant has submitted before the Commission reproduction of circular no. 47/ Addl. Com. Engg/2010 dated 24 May 2010 in which observations made by the honourable Lt. Governor of Delhi are quoted. Under this point, information will be provided to the appellant regarding specific action taken by the DC and SE of the Karol Bagh zone. This information may be provided by the holder of information directly to the appellant.
8. Information as above to be provided within three weeks of receipt of the order.
9. After hearing the averments made by the respondents pertaining to the practice of preparing monthly Excel sheets by the concerned JEs/AEs regarding action taken on police complaints received by the Corporation pertaining to unauthorised construction, under the powers given to the Commission under section 19(8)(a)(iv) Commission makes recommendations to the Commissioners of the North Delhi Municipal Corporation and the other two municipal corporations to give directions to all zonal Deputy commissioners to continue with this practice of ward wise maintenance of records pertaining to unauthorised constructions and actions taken thereon. Maintenance of such records will go a long way in curbing this menace and also providing transparency in the matter of accountability of the field level officials in this regard. We would go one step further and recommend that the copies of these Excel sheets should also be uploaded on the website of the three Municipal Corporations of Delhi. This exercise would surely fulfil the object ensconced in the Preamble of the RTI Act in letter and spirit.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Shri Anil Datt Sharma v. North Delhi Municipal Corporation in Appeal: No. CIC/DS/A/2012/001866