Information about disposal of sewage water in the rain water drains - PIO: information relates to the EDMC - CIC: file an affidavit stating that why they could not transfer the RTI application to the concerned Public Authority (EDMC) within the time perio
2. The appellant submitted that through the RTI application dated 12-04-2013, information was sought regarding sewer maintenance by the respondent authority in her residential area, Dilshad Garden, Delhi and action taken on the instructions of their Assistant Engineer Mr. K.D. Sharma who had surveyed C-Block, Dilshad Garden on 23-3-2013 in connection with permanent improper disposal of sewage water in the rain water drains by few residents, and instructed his junior officers and staff to ensure compliance with Section 32© and Section 84 of the Delhi Water Board Act, 1998 by taking appropriate prohibitory measures against such unauthorized disposal of sewage water in the rain water drains maintained by the EDMC and evacuate the sewage water improperly discharged in the rain water drains by suction to the main sewer lines, etc. The PIO has given reply by his letter dated 13-5-2013 on which the appellant made first appeal before the FAA, who by his order dated 26-7-2013, upheld the information given by the PIO along with directions to provide adequate information for point No.2 within 10 days after the receipt of his order. Claiming non satisfaction over the information furnished by the respondent authority, the appellant has filed 2nd appeal before the Commission seeking adequate information on points Nos. 5 to 11 of the RTI application.
3. Heard the submissions made by both the parties. The respondent authority Mr. Y.K.Sharma, PIO/Superintending Engineer (North East) submitted that the information concerning points Nos. 5 to 11 relates to the East Delhi Municipal Corporation (EDMC), as the maintenance of rain water drains is the responsibility of EDMC and there is no problem of their sewer lines, laid by them in the appellant’s residential area. If their sewer water mixes with the rain water, they will be responsible, as per the Delhi Water Board Act. When the Commission queried the respondent officer whether he had transferred the RTI application to the EDMC for giving information on points Nos. 5 to 11 to the appellant, he could not provide any answer to the Commission.
4. The respondent authority is, therefore, directed to file an affidavit stating that why they could not transfer the RTI application to the concerned Public Authority (EDMC) within the time period, what is the basis of their claim that they are not concerned with the problem raised by the appellant regarding Points Nos. 5 to 11 of the RTI application within 15 days from the date of receipt of this order and provide a copy of the affidavit to the appellant, who, in turn, is directed to file a detailed note in the form of affidavit stating that information furnished by the respondent authority if false and what was the basis of her claim regarding the same, within 15 days from the date of receiving the affidavit of the respondent officer.
5. The Commission orders accordingly.
(M. Sridhar Acharyulu)
Citation: P.Tirunagavalli v. Delhi Jal Board in File No.CIC/DS/A/2013/001433SA