CIC: SDMC has built a boundary wall under MPLADS Scheme without ascertaining the ownership of land which has caused prejudice to the appellant allegedly - SDMC is obligated to inform the appellant regarding the title of property in question
Date of Decision : 26.12.2016
Information sought and background of the case:
The appellant vide RTI application dated 21.07.2015 sought information under 4 points regarding construction of boundary wall under MPLADS Scheme constructed in the year 2003-04 near Shalimar Cinema opposite Dhobi Ghat, Hari Nagar Ashram Area(Village-Kilokari), New Delhi-14.
CPIO did not respond to the RTI application. The appellant preferred first appeal but the same remained unheard.
Feeling aggrieved the appellant approached the Commission.
Relevant facts emerging during hearing:
Both the parties are present and heard.
The appellant is aggrieved inasmuch as a boundary wall was raised by SDMC under the MPLADS Scheme on the aforesaid property. The appellant states to be in possession of the land in question for the last four decades. Through the present RTI application, he states to have sought the authority of SDMC to raise the boundary wall on a private property. On the other hand, the CPIO SDMC is clueless as regards the ownership of the land in question. He states that on the recommendation of the then Member of Parliament, funds were allocated and the construction of wall was accomplished on the property under reference. Upon a query from the Commission, as regards the ownership of the piece of land the respondent CPIO states that the Department of Land and Estates could have ascertained the ownership of the property under reference. The appellant seeks the leave to refocus his query and confines it to ascertainment of actual recorded owner of the land in question.
After hearing the parties and perusal of record, the Commission finds it to be a unique case where SDMC has built a boundary wall under MPLAD scheme without ascertaining the ownership of land beneath the wall. Since it is act of SDMC that has caused prejudice to the appellant allegedly, SDMC is obligated to inform the appellant regarding the title of property in question. Accordingly, the CPIO is directed to ascertain the title of property in question. He shall be entitled to take assistance from all quarters concerned. A clear reply shall be furnished to the appellant within 5 weeks of receipt of this order. The appeal is allowed accordingly.
Citation: Shri Kulbir Singh v. CPIO, South Delhi Municipal Corporation, Delhi in F. No.CIC/YA/A/2016/000155