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Appellant raised concerns pertaining to illegal construction - CIC took an adverse note of the conduct of the then PIO and FAA and directed the Additional Commissioner, MCD, to call their explanation and to take suitable action in the matter

19 Jun, 2025

Information sought:

1. The Appellant filed an RTI application (online) dated 02.09.2023 seeking the following information:

“THIS RTI IS REGARDING ILLEGAL CONSTRUCTION AT WZ-547A, ROOF OF SECOND FLOOR, GALI NO. 22, SHIV NAGAR, JANAKPURI, NEW DELHI 10058. IN RESPECT OF THIS ILLEGAL CONSTRUCTION PLEASE PROVIDE US FOLLOWING INFORMATION:

1. PLEASE PROVIDE COPIES OF ALL THE NOTICES AND DEMOLITION ORDER SENT TO OWNERS/BUILDERS OF THIS ILLEGAL FLOOR ALONGWITH COPTES OF LETTER SENT TO DELHI POLICE

2. HAVE YOU WRITTEN LETTERS TO RSES RAJDHANI POWER LTD, DELHIJAL BOARD ANTESUB-REGISTRAR OFFICE OR ANY OTHER AUTHORITY POR NOT TO SANCTION ELECTRICITY AND WATER CONNECTION TO THIS ILLEGAL FLOOR IF YES, PLEASE PROVIDE COPIES OF THE SAME WITH PROOF OF DISPATCH AND IF NO, REASON THEREOF

3. DUE TO FAILURE OF MCD AND COLLAPSE OF ENTIRE GOVERNMENT MACHINERY, THE CONSTRUCTION OF ILLEGAL FLOOR HAVE BEEN COMPLETED WITH COLLUSION WITH AUTHORITIES PLEASE LET US KNOW BY WHEN THIS ILLEGAL FLOOR WILL BE DEMOLISHED OR SEALED

4. NOW ELECTRICITY CONNECTION HAVE BEEN PROVIDED BY BSES RAJDHANI POWER LTD TO THIS ILLEGAL FLOOR, HAVE YOU TAKEN NECERSARY STEPS WITH ASES FOR DISCONNECTION OF THIS ELECTRICITY CONNECTION. IF YES, PLEASE PROVIDE COPIES OF THE SAME AND IF NO, PLEASE LET US KNOW IT WHEN THIS MATTER WILL BE RAISED WITH BSES FOR DISCONNECTION OF ELECTRICITY CONNECTION TO THIS ILLEGAL FLOOR

5. NOW WATER CONNECTION HAVE BEEN PROVIDED BY DELHI JAL BOARD TO THIS ILLIGAL FLOOR HAVE YOU TAKEN NECESSARY STEPS WITH DELHI JAL BOARD FOR DISCONNECTION OF THIS WATER CONNECTION. IF YES, PLEASE PROVIDE COPIES OF THE SAME AND IF NO, PLEASE LET US KNOW BY WHEN THIS MATTER WILL BE RAISED WITH DELHI JAL BOARD FOR DISCONNECTION OF WATER CONNECTION TO THIS ILLEGAL FLOOR,

6. AT THE TIME OF DEMOLITION, INSTEAD OF MAKING HOLES ON LANTER OF ILLEGAL FLOOR, ONLY A SMALL PORTION OF SIDE WALL WAS DEMOLISHED WHICH WAS IMMEDIATELY REPAIRED BY OWNER WITHIN A FEW HOURS OF DEMOLITION, PLEASE PROVIDE US PHOTOS OF DEMOLISHED PORTION.

7. PLEASE PROVIDE THE NAME AND DESIGNATION OF MCD OFFICIAL UNDER WHOSE SUPERVISION DEMOLITION OF ILLEGAL FLOOR WAS CARRIED OUT.”

2. Having not received any response from CPIO, the appellant filed a First Appeal dated 04.10.2023. The FAA order is Not on record.

3. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

5. The following were present:-

Appellant: Shri Anoop Chaudhary, representative of the Appellant attended the hearing in person.

Respondent: Shri Abhaya Chaturvedi, Assistant Engineer, attended the hearing in person.

6. The representative of the Appellant stated that the Respondent has not provided any reply qua the instant RTI Application till date.

7. The Respondent submitted that as per available records, initially no reply qua the instant RTI Application was given by the then PIO Shri Manish, Assistant Commissioner. Upon receipt of the hearing notice from the Commission, a suitable and pointwise reply has been prepared vide letter dated 05.05.2025, stating as under:

“1. As per record available with this office, action u/s 343 & 344 of the DMC Act has been initiated against the property No. WZ-547A, TF, Gali No. 22, Shiv Nagar vide file No. EE(B)-II/WZ/UC/22/282 dated 27.09.2022 & further vide file No. EE(B)-II/WZ/UC/22/302 dated 14.10.2022. Further, as refer u/s 344(1) of the DMC Act show cause notices were also issued to owner/builder on 27.09.2022 & 14.10.2022.

2. As per record, no such letter was issued by this office to BSES, Delhi Jal Board and Sub-Registrar.

3. As per available record, part demolition action against the property was taken on 17.11.2022. Rest of the information sought by the applicant do not cover under the RTI Act.

4. As above at Point No. 2. Rest of the information sought by the applicant does not pertain to this office.

5. As above at Point No. 4.

6. As per available record the photographs of demolition action is attached herewith.

7. The demolition action was taken by Sh. Himanshu Dudawat, JE.”

8. He handed over a physical copy of the same to the Appellant during the hearing. He apprised the bench of the fact that the Appellant in instant RTI Application has raised concerns pertaining to illegal construction on the averred property. He added that their office has booked the averred property twice firstly on 27.09.2022 and secondly on 14.10.2022 and partial action was taken on 17.11.2022. He further assured the Bench that compete action as per the prevailing Law will be taken against the illegal construction within a period of one month.

9. The Commission interjected and asked the Respondent whether the First Appeal was adjudicated by the First Appellate Authority, he replied in negative. He added that at present the FAA is Shri Vinod Atri, DC (West Zone).

Decision:

10. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that initially no reply qua the instant RTI Application was given to the Appellant by the then PIO Shri Manish, Assistant Commissioner. The Commission is anxious to observe that even the First Appellate Authority at the relevant time has not adjudicated the First Appeal.

11. The Commission takes an adverse note of the conduct of the then PIO and FAA and in view of this, the Commission directs the present Additional Commissioner, MCD, to call an explanation from then PIO Shri Manish, Assistant Commissioner and the then FAA and to take suitable action in the matter. The FAA at present, i.e. Shri Vinod Atri, DC (West Zone), is directed to serve a copy of this order to the Additional Commissioner, MCD.

12. Be that as it may, upon receipt of the hearing notice from the Commission, the present PIO has provided a suitable and pointwise reply qua the instant RTI Application to the Appellant vide letter dated 05.05.2025. Hence, no adverse view has been taken against his conduct. However, before parting with the case, the Respondent is cautioned to act strictly within the precincts of the RTI Act by observing the timelines scrupulously and punctually, in future.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari

Information Commissioner

Citation: Naman Jain v. Municipal Corporation of Delhi, West Zone, CIC/SDMCW/A/2024/101388; Date of Decision: 08.05.2025

Appellant raised concerns pertaining to illegal construction - CIC took an adverse note of the conduct of the then PIO and FAA and directed the Additional Commissioner, MCD, to call their explanation and to take suitable action in the matter

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