Norms for construction of additional floor on the existing building
The appellant sought information regarding construction of an additional floor on the existing building like, whether the owner of the second floor of the property can construct additional third floor in the said property without consent of other co-owners, in case of the renovation of the floor what changes can the owner of the floor make, if all co-owner of the property agree for the construction of additional third floor i.e. third floor can be constructed on the existing structure of the building, the sanction should be taken only for third floor from the Municipal Corporation of Delhi (MCD) or for the entire building plan when the plan for existing building of the three floors was already sanctioned as per Delhi Development Authority (DDA) building construction Plan and what would be the share of each co-owner in the construction of building as well as in usage of building. The Public Information Officer (PIO) replied that the sought information was a clarification and that the information was available in the Building Bye-Laws (B.B.L) and M.P.D, 2011 in open market purchase. The First Appellate Authority (FAA) directed the PIO to supply the specific information as sought as per Building Bye-Laws.
View of CIC
The Central Information Commission (CIC) rejected the appeal stating that what is sought is not information as defined under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
Citation: Mrs. Renu Goel v. Municipal Corporation of Delhi in Decision No. CIC/SG/A/2012/001135/19024
RTI Citation : RTIFI/2012/CIC/415
Click here to view original RTI order of Court / Information Commission