RTI Reply from MCD concerning Building department of MCD
REJIMON C K
To:
Shri. D P Ture (Dy. Comm, NGZ)
THE FIRST APPALET AUTHORITY
DY. COMMISSIONER
NAJAFGARH ZONE, MCD
TILANK NAGAR ROAD, NAJAFGARH TANK
NEW DELHI-
From: Rejimon CK
President-Dwarka Forum
453, Nav Sansad Vihar,
Plot No. 4, Sector 22
Dwarka, New Delhi-77
BEFORE THE FIRST APPALET AUTHORITY DEPUTY COMMISSIONER , MUNICIPAL CORPORATION OF DELHI, SOUTH ZONE, GREEN PARK, DELHI
Appeal No- _________________________________
RTI Application No: - 1310 Dated (6/5/2010)
In Re:
Rejimon C. K.
453 Nav Sansad Vihar,
Plot 4, Sector 22,
Dwarka,
New Delhi 110075
……….. Appellant
And
1. Public Information Officer and Asst Commissioner NGZ
General Branch, Najafgarh Zone , MCD
New Delhi
2. APIO (EE) Building and AE, JE(Bldg)
….. ….. Respondents
APPEAL UNDER SECTION 19 (1) OF THE RIGHT TO INFORMATION ACT, 2005 AGAINST THE INFORMATION FURNISHED IN RESPECT OF THE APPLICATATION UNDER RTI ACT VIDE I.D. NO- 1310. DATED 6.5.2010.
MOST RESPECTFULLY SHOWETH:
1. That the appellant had moved an application under section 6 (1) of the Right to Information Act, 2005 vide I.D. No. 1310 dated 6/5/2010 seeking the information as enumerated in the said application. The photocopy of the said application vide I.D. No- 13102 is annexed herewith and is marked as Annexure –I.
2. That the requisite fee of Rs. 10/- was duly deposited along with application with DOV, vide Postal Order No. 84E 231067 dated 6/5/2010 against the said application under RTI Act, 2005 vide I.D. No- 1310 submitted.
3. That the APIO of Building responded vide ref no. D-245/EE(B) dated 18/05/2010 provided information as per provision of RTI Act 2005.
4. It is submitted that the information sought in the said question No. 1 to 9 neither falls within the ambit of Section-8 nor Section -9 of the RTI Act and hence the appellant is entitled to have access to the information sought. Thus, the denial of the said information by the Respondents is illegal for which Respondent are liable.
5. It is submitted that the information sought in the said question no. 2, 3,4,5,6,7 and 9 was denied INTENTIONALLY and for which PIO is liable for punishment under RTI Act 2005.
5. That the instant appeal is preferred within limitation period along with complaint under Section 18 of RTI Act 2005 against MCD authorities.
GROUNDS OF APPEAL
A. Because the Respondent No.1 has denied access to the legitimately sought information under the provisions of RTI Act. A detailed response and comments for appeal as per Annex II. (Below) . THE PIO is MISLEADING and SUPPRESSING the INFORMAITON
P R A Y E R
In view of the above the following is humbly prayed:
(i) Direction may kindly be issued to the Respondent to provide the correct, sufficient and clear information as sought for Para No.. 2, 3,4,5,6,7 and 9. Direction may kindly be issue to PIO to provide Para wise(point by point) reply and all relevant information be uploaded to department website for public at large and set example in transparency.
(ii) Suitable and STRICT appropriate disciplinary action may please be initiated against the Respondents(APIO’s) for acting against the statutory provisions of Right to Information Act, 2005.
(iii) Any other or further relief which this Hon'ble Authority may deem fit in the interest of the justice under Right to Information Act, 2005.
(iv) Kindly mention the subject matter of RTI Application is DEFACEMENT ACT Implementation for easy reference.
Filed by, REJIMON CK
Appellant
Date: 3/6/2010
Place: New Delhi/
ANNEX-II
Subject : Application under Right to Information Act.
Ref: Information from Building Department of MCD Najafgarh Zone.
1. As per Section 4 of RTI Act 2005, please provide names of the officials assigned as Public Information Officer/APIO/SPIO for specifically for Building Department of MCD Najafgarh since Jan 2008.
Answer: SE/NGZ is designated PIO for matters related to the engineering /Bldg Department of Najafgarh Zone.
Comment: So no APIO/SPIO appointed by NGZ ?
2. As per RTI Act 2005(implemented Oct 2005). Have Building department created/updated 17 manuals u/s 4(1)(b) of RTI Act 2005. If so please provide the weblink , MCD Main Website listed the following link http://220.156.188.199/rtimis/selmanual.php. This particular link has NO Manual from Najafgarh Zone other than education department.
Answer : The information sought is apparently not clear. The applicant is requested to attend the office of EE(B)/NGZ, on any working day between 2 Pm to 4 PM within 30 days for inspection of the documents and copy of the desired shall be provided as per the provision of RTI Ac t2005.
Comment: THE PIO states Info sought is NOT CLEAR. Then says attend his office.
Do we appellant have to teach PIO what is Section 4 of RTI Act 2005 and What is 17 manuals? And what is 4(1)(b) of RTI Act ? The question No. 3 is self explanatory point to internal note in the same matter.
APPEAL: THE PIO IS MALAFIDE AND INTENTIONALLY DENYING information sought. The information to be provided on MCD website for which IT department already provide provisions. This manual should have been uploaded with 120 days from the RTI Act 2005 came into existence (ie. Oct 2005). The PIO failed and for which is liable for punishment.
3. Have Building department of MCD Najafgarh responded to Circular No.MCD/DIT/D-1047, Dated:27/11/09. If not please provide name of the official responsible/assigned to respond/act on this circular.
Answer : What has been sought is clarification/query regarding departmental circular. The Public authority is not under obligation to provide query/clarification to the same as it do not have any subject of information within the meaning of section 2(f) of the RTI Act 2005.
Comment: Thanks Mr. PIO for educating section 2(f) of RTI Act 2005.
Appeal: The info sought is on record/files/notings response to internal circular AND Name of official responsible/assigned to respond(is this NOT INFORMATION under section 2(f) of RTI Act 2005)?
4. Please provide list of documents to be submitted to MCD Najafgarh Building Department for approval of building plan.
Answer :Section 6 of Delhi Building Bye law(As per MD 2010) lays down the procedure for building permit including the documentary formalities to be fulfilled for various type of buildings.
Comment: The Reply is VOUGE .
Appeal: The information sought is LIST OF DOCUMENTS. This very much covered under Section 2(f) of RTI Act 2005. The PIO be directed to provide the same. As a matter of fact as per Section 4 of RTI Act 2005 this list of documents along with forms the PIO should have uploaded on MCD Site within 120 days under declaration, which also PIO failed.
5. Please provide list of certificates issued by MCD building department to properties/building after completion.
Section 7.5.2 & section 7.6 of the Delhi Buildign Bye Law (as per MPD 2010) lays down the procedure for occupancy certificate.
Appeal: The information sought is LIST OF CERTIFICATES. This very much covered under Section 2(f) of RTI Act 2005. The PIO be directed to provide the same. As a matter of fact as per Section 4 of RTI Act 2005 this list of certificates the PIO should have uploaded on MCD Site within 120 days under declaration, which also PIO failed.
6. Please provide the method/rules MCD building department adopted to verify the buildings completed are complied with Building Laws and MPD2021.
Answer : as above
Comment : Such disclosure and transparency help public at large and also REDUCE CORRRUPTION as it is on record that BUILDING DEPARTMENT IS ONE OF THE MOST CORRUPT DEPARTMENT OF MCD DELHI.
Appeal: The information sought is Methods and Rules. This very much covered under Section 2(f) of RTI Act 2005. The PIO be directed to provide the same. As a matter of fact as per Section 4 of RTI Act 2005 this procedure and methods and rule should have uploaded on MCD Site within 120 days under declaration, which also PIO failed.
7. In case the building that have come up after 2008 have no parking provided as per MPD and building bye-law. Please provide list of actions as per MCD rule to be taken.
Answer: As replied in Pont NO. 2.
APPEAL: THE PIO IS MALAFIDE AND INTENTIONALLY DENYING information sought. The information to be provided on MCD website for which IT department already provide provisions. This manual should have been uploaded with 120 days from the RTI Act 2005 came into existence (ie. Oct 2005). The PIO failed and for which is liable for punishment.
8. Have Building department maintained the list of properties/buildings approved by Building Department for year 2007,2008, 2009 and 2010?
Answer : The register has been maintained in this regard since 1/7/2009
Comments : Its worth inspecting the Register , the PIO have not given date and time for inspection of this register as sought below the RTI Application.
9. Please provide the following information concerning All Officials of Building Department of Najafgarh Zone in the following format:
a)
b)
c)
d)
e) E
f) .
g) .
h)
S. No.
Name of Officials in Building Department
Designation
Employment ID No.
Date of Joining MCD
Total Number of Complaint against this officer
Have ever suspended/dismissed/punished while in service.
Pending Vigilance/Departmental Complaint/
Answer : The applicant is requested is requested to attend the office EE(B) Najafgarh Zone onay any working day between 2 pm and 4 pm within 30 days for inspection of the documents and copy of the desired documents shall be provided as per provisions of RTI Act 2005.
Comment: If an RTI Applicant is from Kanyakumari, HE WILL BE SUMMONED to EE(B) office for Information. Is this what RTI Act 2005 is all about ?
Mr. EE(B), Please have some transparency, day will not far all those HIDING Acts of Building will be unearthed one day by Anti Corruption Activists and Anti Corruption Agencies.
Appeal: The reply is amount to DENIAL. The PIO be directed to provide complete information point by point as per table.
As this INFORMATION is VITAL in ARRESTING CORRUPTION in Building Department.
The list of Employees in Blding Department of Najafgarh Zone is not available on MCD Webiste under 17 Manual, (Manual No 9) under Section 4 1(b) of RTIA 2005. Here we specifically sought the details.
The denial of information is of serious nature, therefore, I am compelled to file complaint u/s 18 of RTI Act 2005.
ANNEX-IOn Thu, May 6, 2010 at 5:25 PM, REJIMON C K <reji...@gmail.com> wrote:
DWARKA FORUM Dwarka Ki Awaaz
(Regn No. S-63070)
(A Welfare Association of Residents & RWA's / CGHS Representatives of Dwarka Sub-City)
Phone No. 011-20514195
E-mail: dwark...@gmail.com
Date of Application: 6 May 2010
Reply within 30 days
To:
Rajesh Khanna (SE)
Public Information OfficerMunicipal Corporation of Delhi
Najafgarh Zone, Over Head Tank,
Najafgarh Road,
New Delhi –110043
25321585
Dear Sir,
Subject : Application under Right to Information Act.
Ref: Information from Building Department of MCD Najafgarh Zone.
1. As per Section 4 of RTI Act 2005, please provide names of the officials assigned as Public Information Officer/APIO/SPIO for specifically for Building Department of MCD Najafgarh since Jan 2008.
2. As per RTI Act 2005(implemented Oct 2005). Have Building department created/updated 17 manuals u/s 4(1)(b) of RTI Act 2005. If so please provide the weblink , MCD Main Website listed the following link http://220.156.188.199/rtimis/selmanual.php. This particular link has NO Manual from Najafgarh Zone other than education department.
3. Have Building department of MCD Najafgarh responded to Circular No.MCD/DIT/D-1047, Dated:27/11/09. If not please provide name of the official responsible/assigned to respond/act on this circular.
4. Please provide list of documents to be submitted to MCD Najafgarh Building Department for approval of building plan.
5. Please provide list of certificates issued by MCD building department to properties/building after completion.
6. Please provide the method/rules MCD building department adopted to verify the buildings completed are complied with Building Laws and MPD2021.
7. In case the building that have come up after 2008 have no parking provided as per MPD and building bye-law. Please provide list of actions as per MCD rule to be taken.
8. Have Building department maintained the list of properties/buildings approved by Building Department for year 2007,2008, 2009 and 2010?
9. Please provide the following information concerning All Officials of Building Department of Najafgarh Zone in the following format:
a)
b)
c)
d)
e) E
f) .
g) .
h)
S. No.
Name of Officials in Building Department
Designation
Employment ID No.
Date of Joining MCD
Total Number of Complaint against this officer
Have ever suspended/dismissed/punished while in service.
Pending Vigilance/Departmental Complaint/
10. http://www.mcdonline.gov.in/RTI/NaJZONE.xls Special area building regulation is updated as on which date ? Have any data missing from this table as on 31/4/2010?
11. Please provide under what exception rule applied for not uploading Sanction of Building plan for Najafgarh zone on web link like other zones http://www.mcdonline.gov.in/rtilist.php
12. As per CVC guidelines Have MCD identified list of staffs in building department whose post identified as sensitive and more than 3 years?.
13. List of staffs since 2009 involved in Monitoring/Approving/Rejecting building plans, conducting survey of Sector 7 Ramphal Chowk area.
Please provide the all requested information as above IN ENGLISH and once the information is received as per request and as per RTI the inspection of the records/files will be done in coordination with concerned departments(please indicate date). If any charges to be paid for photocopies kindly mentions the number of pages and amount. If any information available on the department website, kindly mention the link in the answers. If any of the information sought above does not pertain to you, kindly forward it, under intimation to me, to the respective department under section 6(3) of RTI Act 2005 within 5 days receipt of application CLEARLY MENTIONING PART or FULL Application, If PART then clearly mention the question ref No.
I am enclosing a postal order number 84E 231067 (Issued by Lodhi Road Safderjung
Enclave PO) dated 6/05/2010. I am leaving the payee blank. Kindly fill
up the appropriate name.
Thanking you,
Rejimon C. K.
President-Dwarka Forum (Regd)
453 Nav Sansad Vihar,
Plot 4, Sector 22,
Dwarka, New Delhi 110077-003
(9810315897)
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REJIMON C K.
Each year 50million trees and 75 billion water is used to create 7 million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again before you print. choose to receive emails instead .
--
REJIMON C K.
Each year 50million trees and 75 billion water is used to create 7 million tonnes of mail, over 40% of which is thrown away unopened. source : National Geographic so the next time you receive paper, think again before you print. choose to receive emails instead .