central information commission

CENTRAL INFORMATION COMMISSION
(Room No.315, B­Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/AD/A/2013/001306­SA
(Mr.K.Chand Vs. Dept.of Urban Development, GNCTD)
Appellant
:
Mr.K. Chand
Respondent
:
Urban Development Dept
GNCTD, Delhi
Date of hearing
:
17­06­2014
Date of decision
:
30­06­2014
Information Commissioner :
Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections
:
Sections 3, 19(3) of the RTI Act
Result
:
Appeal allowed / disposed of
The appellant is present. The Public Authority is represented by Mr. Ashwini Kumar, Deptt. Of Urban Development, Mr. P.K.Banerjee, APIO, Horticulture Deptt. SDMC, Mr. U.D.Sharma, SDMC, Mr. Ashok Sharma, AC/West Zone, Kartar Singh UD Deptt. MB Branch and Mr. Jyoti Prakash, UDC, Urban Development Deptt., GNCTD, Delhi. FACTS
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2. The appellant submitted that through his RTI application dated 23­7­2012, he is seeking information regarding the facilities and services provided by the Government of NCT of Delhi within the jurisdictions of Krishna Puri, Krishna Park and Krishna Park Extension, Unauthorised Regularised colonies, separately in each colony located on Lala Ganesh Das Khatri Marg, West Zone, New Delhi­18 – relating to major consumer markets, malls, multiplexes, hotels, district centres, community centres and retail shopping centers etc. Having received no reply within the prescribed period, the appellant preferred First Appeal. FAA by his order dated 15­1­2013, stated that the Dy.Secretary, MB/PIO transferred the RTI application to the PIO/Dy.Secretary(UC), Urban Development Deptt and PIO, South Delhi Municipal Corporation as the information sought by the appellant was not available with the MB Branch of the Urban Development and disposed of the first appeal. Being unsatisfied with the reply provided, the appellant has approached the Commission in Second Appeal.
Decision:
3. Heard the submissions made by both the parties. The officers of Municipal Branch(MB) of Urban Development claim that they are not concerned with the subject matter of the RTI application and hence they transferred to the Unauthorized Colony(UC) Cell of the same department and the South Delhi Municiapl Corporation(SDMC). The representative of the UC Cell says that they come into play only when an unauthorized colony is seeking for regularization of the same and hence they are not concerned with the subject matter of the RTI application. The officers of SDMC, namely, Mr. Ashok Sharma, AC and Mr. Ajay Bist, AC, also submitted the same version that they are not concerned with the RTI application. Mr. V.N. Bhagat, MCD (West Zone) Public Health Department, submitted that they will not provide any facilities to the unauthorized colonies. Mr. V.D.Sharma, Maintenance­I Branch, West Zone, Municipal Corporation of Delhi, says that he is not concerned with the RTI application. 2
He submitted that Mr. Ajay Joshi,PIO, Maintenance­II, MCD was transferred, who deals with the maintenance of roads in the unauthorized colonies. 4. On 9­8­2012, Mr. Mukesh Kumar, Dy.Secretary, MB branch of Urban Development has transferred the RTI application to the PIO/SDMC. The FAA suggested the appellant to file the first appeal against all the PIOs who gave wrong information. PIO (Deptt. Of Urban Development) is directed to collect the information from the concerned PIOs and provide reply to the appellant within one month from the date of receipt of this order and all the PIOs who are working in different zones and wings including those who represented today are directed to look into the RTI application without making a claim that ‘they are not concerned with’, etc. and provide the information regarding their role with regard to the area mentioned in the RTI application. The Commission also directs the concerned PIO, to show cause, why penalty cannot be imposed on them for transferring the RTI application without proper application of mind and not providing answers to the RTI applicant. Their reply should reach the Commission, within 3 weeks from the date of receipt of this order. 5. The Commission orders accordingly. (M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy (Ashwani K. Sharma)
Designated Officer
Address of the parties:
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1. The CPIO under RTI, Govt. Of NCT of Delhi,
Public Information Officer/Dy.Secretary(UC),
Department of Urban Development, Delhi Sachivalaya
IP Estate, New Delhi-110002
2. Shri K.Chand
General Secretary for Residents Welfare
Organisation, Krishna Puri, Krishna Park Extn.
H.No.WZ-22A/4. St No.08, Lala Ganesh Dass
Khatri Marg, New Delhi-110018
3. The Public Information Officer under RTI (Headquarters)
South Delhi Municipal Corporation, Govt. of NCT of Delhi,
Jawahar Lal Nehru Marg, New delhi.
4. The Deputy Secretary/PIO under RTI, Govt. of NCT of Delhi
MB Branch, Deptt of Urban Development, Delhi Sachivalaya
I.P.Estate, New Delhi-110002.
5. The Deputy Secretary/PIO under RTI, Govt. of NCT of Delhi
UC Branch, Deptt of Urban Develoment, Delhi Sachivalaya
IP Estate, New Delhi-110002.
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6. PIO/APIO under RTI, Govt. of NCT of Delhi(Mr..P.K.Banerjee)
South Delhi Municipal Corporation, Horticulture Deptt
Green Park Extension, New Delhi
7. The Assistant Commissioner (Mr. U.D. Sharma)
South Delhi Municipal Corporation, GNCTD
Green Park Extension, New Delhi
8. The Assistant Commissionere (Mr. Ashok Sharma)
South Delhi Municipal Corporation, West Zone
Green Park Extension, New Delhi
Copy forwarded to the first appellate authority, Dept of Urban Development to serve show cause
notices to the PIOs/APIOs listed at S.Nos. 1,4 an5 as per para 4 of this order:-
9. The Additional Secretary (MB) and
First Appellate Authority under RTI
RTI Urban Development Department,
Govt. of NCT of Del;hi, Delhi Secretariat,
10th Level, IP Estate, New Delhi-110002
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Copy also forwarded to the First Appellate Authority, South Develhi Municipal Corporation to
serve show cause notice to the PIOs/officers at S.Nos. 3, 6, 7 and 8 as per para 4 of this order:-
10. The First Appellate Authority under RTI, GNCTD
SOUTH DELHI MUNICIPAL CORPORATION
Green Park Extension, Aurobindo Marg
New Delhi
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