Information regarding ongoing construction – claim that the unauthorised construction on the third floor was a safety and health hazard to family staying on second floor – construction of mobile signal tower stopped - SE(B), SDMC to take suitable action
1. Appellant submitted RTI application dated 25 September 2012 before the PIO, South Delhi Municipal Corporation (SMCD), New Delhi; seeking information related to the ongoing construction on the 3rd floor of WZ81, Gali no.27, MBS Nagar, Tilak Nagar, New Delhi18.
2. Appellant preferred First Appeal to the First Appellate Authority dated 20 October 2012, when he did not received any information from the PIO.
3. Vide FAA Order dated 21 November 2012, the FAA held that no information had been provided to the applicant and directed the PIO to give the reply to the applicant.
4. Being aggrieved and not satisfied by the above response of the Public Authority, the Appellant preferred Second Appeal before the Commission.
5. Matter was heard today. Both parties as above appeared in person and made submissions. Respondent stated that information has already been provided to the appellant vide letter dated 18 December 2012 and the current status of the matter was also reflected in CPIO’s letter dated 18 July 2013. Appellant stated that he had not previously received the CPIOs letter dated 18 December 2012. Appellant also stated that the unauthorised construction on the third floor of the aforementioned property was proving to be a safety and health hazard on account of leakage of stale and contaminated water, to him and his family as they were living on the second floor of the building. It was asserted by the appellant that due to constant leakage from the third floor, the strength of the walls and the ceiling was also being affected and his biggest fear was that he and his family could be put in danger if the water leakage came in contact with the electrical wires. Further it was stated that effort was made by the builder to erect an unauthorized mobile signal tower on the third floor of the building which was stopped on the intervention of the police. However the pillars still remained an appellant expressed fears that efforts would be made by the concerned party in future to fix the unauthorised mobile signal tower on these pillars, putting all concerned to risk.
6. After hearing both the parties Commission recommends to the CPIO/EE (B), West zone, South Delhi Municipal Corporation and the AE (B) who had attended the hearing today to take cognizance of the averments of the appellant as recorded above for taking suitable action as per law. As the matter pertains to the health and safety of the appellant and his family, Commission directs that a copy of this order also be marked to the SE(B), West Zone, SDMC for suitable action.
7. Photo copies of the letters dated 18 December 2012 and 18 July 2012 will be provided to the appellant by the CPIO, within one week of receipt of the order.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Appeal: Shri Amarjit Singh v. South Delhi Municipal Corporation in Appeal No. CIC/DS/A/2012/002668