Citation Codes

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Case Number

F. No. CIC/YA/A/2014/002860, F. No. CIC/YA/A/2014/002861, F. No. CIC/YA/A/2014/002965 and F. No. CIC/YA/A/2014/002879

Attorney(S)

Judges

Yashovardhan Azad, IC

Acts

Delhi Special Provision Act

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Smart Summary

Comprehensive Summary of the Provided Opinion (Information Commissioner: Shri Yashovardhan Azad)

Factual and Procedural Background

The appellant, Shri Harminder Singh, filed an RTI application dated 04.06.2014 seeking information concerning a proposed sewer pipeline above a ground-floor roof and related drawings/maps. The Public Information Officer (PIO) replied on 01.09.2014 stating, in relation to one point, that the information pertained to the Land & Estate Department of North DMC, and that another point sought a clarification which the PIO considered not covered under the RTI Act. The appellant filed a first appeal on 03.09.2014; the First Appellate Authority (FAA) disposed of the first appeal by order dated 09.10.2014, upholding the PIO's decision. The present appeals were received by the Commission on 27.10.2014 and 14.10.2014.

The appeals arising from the same RTI application were clubbed for hearing. During the initial hearing (05.05.2015), both parties appeared. The respondent (Maintenance department) stated the proposed map was prepared to meet a feasible solution per directions of the Hon'ble High Court and requested two weeks to submit written submissions; the Architecture department stated the information did not pertain to them. The Commission directed both parties to submit written submissions by 22.05.2015 and listed the matter for further consideration.

Legal Issues Presented

Whether the public authority/respondent had supplied the information sought under the RTI Act (including the drawing/plan dated 16.01.2014) in response to the appellant's RTI request.
Whether the Commission is an appropriate forum to adjudicate the appellant's substantive grievance that the proposed sewer pipeline through his house is incorrect or illegal, when the subject matter had been dealt with by the Hon'ble Delhi High Court.

Arguments of the Parties

Respondent's Submissions (written submission dated 20.05.2015)

Provided historical background of Nimri Colony: construction under Low Income Group Housing Scheme, loan details, allotment and sale patterns of flats (Nos. 1–324, 325–604, 605–640) and corporate resolutions relating to transfer of ownership (e.g., Resolution No. 447 dated 20.09.1966; Resolution No. 924 dated 15.02.1984).
Explained litigation history: a writ petition (identified in the text as CWP 203/72) concerning sale and transfer of ownership rights; subsequent High Court directions and dismissal of LPA/SLP (dates referenced in the text).
Recounted the proceedings and orders in the writ petition Upper Flats Residents Association vs. MCD (CWP No.3587/1994), including the High Court order dated 19.01.2012 directing MCD to prepare layout plans/designs, survey the area, provide drawings within three months, and cooperate with Delhi Jal Board if required.
Described practical steps taken in compliance with court directions: meetings, joint site inspections (2.2.2013; 16.2.2013), handing over of the drainage system to the plaintiff on 23.03.2013, subsequent communications with the High Court (including an entry dated 24.10.2013), and inspection efforts (e.g., 24.11.2013).
Stated that, pursuant to High Court directions, the respondent had sent the sewerage/drainage drawing to the petitioner by post (No. (M-IV)CLZ/2013-14/D-1158 dated 16.01.2014).
Asserted that the proposed map/drawing was intended to meet feasible solutions as directed by the High Court.

Appellant's Submissions (written submission dated 13.05.2015)

Identified himself as owner of Upper Flat No. 354, Nimri Colony, and alleged that the occupier of Ground Floor Flat No. 353 had encroached public land, illegally extended his flat, constructed a room and thereby blocked the appellant's sewer pipeline.
Contended that the encroachment violated the D.M.C. Act and other applicable laws and could not be regularized under the Delhi Special Provision Act or other bye-laws.
Referenced writ petition No. 3587/1994 (Upper Flats Residents Association v. MCD) and an order dated 15.05.1995 directing removal of unauthorized construction/encroachments; alleged that the MCD later sought to compound encroachments via Resolution No. 386 of 2000 and that the High Court on 12.09.2007 did not accept that resolution.
Stated he joined the writ petition as an affected party because his sewer pipeline was blocked by the ground-floor occupant's construction.
Reported that an inspection (19.02.2013) found temporary construction over the manhole which required demolition (appended as Annexure-E in the original submission).
Contended that the Executive Engineer supplied a proposed sewerage plan on 16.01.2014 that recommended routing a pipeline for 57 ft. "without any hole over the ground floor," which the appellant described as practically impossible.
Explained that he filed RTI requests to the Chief Architect and Commissioner, North MCD, about whether the proposed plan complied with building bye-laws and whether footpath/back service lane encroachments could be regularized, but he alleged that he did not receive proper replies and that the respondents misled the FAA and this Commission.
Sought directions to compel disclosure of the sought information and requested imposition of penalties on the respondents under the RTI Act.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
CWP 203/72 (referred to in the text)	Historical writ petition concerning sale and transfer of ownership rights in Nimri Colony; in the record, the High Court allowed the petition on 12.12.1984 directing a municipal resolution (dated 15.02.1984) be acted upon.	The Commission recited this background as part of the respondent's account of the colony's legal history. The incumbent decision uses this history to contextualize why ownership and infrastructural arrangements had been subject to prior court directions.
Upper Flats Residents Association vs. MCD (CWP No. 3587/1994) — High Court orders (including order dated 19.01.2012)	High Court directions (19.01.2012) required MCD to prepare layout plans/designs, earmark areas to lay pipelines, survey the area, provide drawings within three months, ensure cooperation between upper and ground floor owners when pipelines are re-laid, and take assistance from Delhi Jal Board if required.	The Commission relied on the fact that the High Court had already issued detailed directions and that MCD had acted (including sending drawing dated 16.01.2014) in compliance. The Commission therefore declined to adjudicate the substantive legality of the proposed pipeline itself, noting that the High Court had dealt extensively with the matter.

Court's Reasoning and Analysis

The Commission first reviewed the procedural history and the written submissions filed by both parties. The Commission identified that the appellant's RTI request and the related appeals ultimately sought to determine whether the proposed sewer pipeline running through or above the appellant's property was "in order" or "illegal." The Commission observed that the appellant's grievance was essentially a substantive dispute about the correctness and legality of the proposed sewer alignment and its impact on the appellant's property.

The Commission then considered whether it was the appropriate forum to decide that substantive question. The Commission noted that the subject had already been extensively addressed by the Hon'ble Delhi High Court in the writ proceedings (Upper Flats Residents Association v. MCD, CWP No.3587/1994) and that, pursuant to the High Court's directions, the MCD had prepared plans and had provided a drawing to the petitioner on 16.01.2014. Given the prior involvement and directions of the High Court, the Commission concluded it should refrain from adjudicating on the correctness or legality of the proposed sewer pipeline.

On the narrower RTI question—whether the requested information had been provided—the Commission accepted the respondent's statement that the drawing/plan had been sent to the petitioner (document No. (M-IV)CLZ/2013-14/D-1158 dated 16.01.2014) and found that information had been provided by the public authority as described in the record.

Holding and Implications

Holding: The Commission ordered as follows:

APPEALS DISPOSED OF.

Implications and direct effects:

The Commission declined to rule on the substantive legality or correctness of the proposed sewer pipeline, stating that it was not the appropriate forum because the matter had already been addressed by the Hon'ble Delhi High Court and that MCD had acted pursuant to court directions.
The Commission recorded that the respondent authority had provided the information sought (including the drawing dated 16.01.2014) and treated that as satisfying the RTI disclosure request as described in the file.
Another appeal related to the same issue (Appeal No. CIC/YA/A/2014/002879) was disposed of by the same order.
No broader precedent was announced by the Commission beyond its determination to refrain from adjudicating matters already subject to High Court directions; the direct consequence was the disposal of the appeals and the certification that information had been provided by the authority.

Authentication and administrative note in the original opinion: The order is authenticated as a true copy; additional copies of orders are to be supplied against application and payment of prescribed charges. Copies were to be sent to the PIO (Executive Engineer (M-IV)/Civil Lines, North DMC), the First Appellate Authority (Superintending Engineer-II/Civil Lines, North DMC) and Shri Harminder Singh (Upper Flat No.354).

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Shri Harminder Singh Rep. By Shri A.K. Sharma, Advocate Delhi /Complainant v. Shri Tejvir Singh, Ee(M-Iv)/Clz Shri S.K. Singhal, Ae(M-Iv)/Clz North Delhi Municipal Corporation Delhi .

August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 F.No. CIC/YA/A/2014/002860 F.No. CIC/YA/A/2014/002861 F.No. CIC/YA/A/2014/002965 F.No. CIC/YA/A/2014/002879 Date of Hearing : 05.05.2015 Date of Interim Decision Date of Decision 05.05.2015 29.07.2014 Appellant/Complainant : Shri Harminder Singh Rep. by Shri A.K. Sharma, Advocate Delhi Respondent : Shri Tejvir Singh, EE(M-IV)/CLZ Shri S.K. Singhal, AE(M-IV)/CLZ North Delhi Municipal Corporation Delhi Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from appellant/complaint: RTI applications filed on : 04.06.2014 PIO replied on : 01.09.2014 First Appeal filed on : 03.09.2014 First Appellate Authority (FAA) order on : 09.10.2014 Appeal/Complaint received on : 27.10.2014 & 14.10.2014 Information sought: The appellant sought information w.r.t. sewer pipe line above the ground floor roof etc. Relevant facts emerging during hearing: Since, all the above mentioned appeals are filed in relation to the same RTI application dated 04.06.2014; therefore, the above appeals are being clubbed together for hearing to avoid multiplicity of the proceedings. Both parties are present and heard. The appellant filed an RTI application dt.04.06.2015, seeking the above information. PIO vide reply dated 01.09.2014 informed the appellant about point 1 that information sought pertains to Land & Estate Dept. of Nr. DMC and regarding point 2, PIO stated that the information sought is a clarification which is not covered under the RTI Act. The FAA disposed of the first appeal vide order dated 09.10.2014, upholding the decision of the PIO. Being not satisfied with the response of the public authority, the appellant filed the present appeals before the Commission. The appellant stated that complete information till date has not been provided to him. He stated that he had sought the information w.r.t. proposed map in which the respondent had proposed the sewer line above the ground floor roof. The respondent from Maintenance dept. stated that the proposed map was made to meet the feasible solution as per the directions of the Honble High Court and requested two weeks time to submit the written submissions in this regard. Respondent from Architecture dept. stated that the information sought does not pertain to them. Interim Decision: After hearing both parties and on perusal of record, both the parties are directed to submit written submission latest by 22.05.2015, clearly stating their stand on the matter, after which the Commission shall pass the final order. The Registry of this Bench is directed to put up this case before the Bench, latest by 25th May, 2015. Fresh notices for hearing will be issued to both the parties, if desired. Decision The respondent through written submission dated20.05.2015 stated as follows:

The erstwhile Municipal Corporation of Delhi developed and constructed residential colony consisting of 640 quarters known as Nimri Colony, Delhi. This colony was constructed under the Low Income Group Housing Scheme after taking loan from the Delhi Administration. While quarters bearing Nos. 1 to 324 were allotted to the Municipal employees in terms of the resolution of the corporation bearing No. 447 dated 20.09.1966, flats bearing Nos. 325 to 604 were sold on No Profit No Loss Basis. The remaining flats bearing Nos. 605 to 640 were allocated on licence fee basis to those persons who were evicted from public land, pursuant to and in compliance of the Corporations Resolution No. 320 dated 02.09.1969. Flats bearing Nos. 1 to 324 were in possession of the Municipal employees right from inception of construction thereof but the Corporation on account of legal impediments could not transfer the ownership rights to the residents/occupants of Nimri Colony. As a result of this, sometimes in the year 1972, a Writ Petition came to be filed in Honble Supreme Court of India (i.e. CWP 203/72) regarding sale and transfer of ownership rights of the flats in question. During the pendency of the aforesaid writ petition, Municipal Corporation of Delhi passed a Resolution No. 924 dated 15th February, 1984 relating to transfer of ownership rights in the said Municipal quarters on No Profit No Loss basis to the then allottees/authorised occupants of those quarters. The writ petition was allowed by the Honble High Court on 12.12.1984 directing the Resolution dated 15th February, 1984 be acted upon without any delay. The LPA/SLP filed against the order dated 12.12.1984 by the Municipal Corporation of Delhi was dismissed on 30.09.1985 and 31.08.1988. It is pertinent to mention that the loan for construction of approximately 968 tenements, Nimri Colony was granted by the Government of India. However, in the scheme total number of tenements to be built was approximately 968 in the Nimri Colony. Out of these, based on availability of funds, only 640 quarters were built in the first instance of which 1 to

August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 F.No. CIC/YA/A/2014/002860 F.No. CIC/YA/A/2014/002861 F.No. CIC/YA/A/2014/002965 F.No. CIC/YA/A/2014/002879 Date of Hearing : 05.05.2015 Date of Interim Decision Date of Decision 05.05.2015 29.07.2014 Appellant/Complainant : Shri Harminder Singh Rep. by Shri A.K. Sharma, Advocate Delhi Respondent : Shri Tejvir Singh, EE(M-IV)/CLZ Shri S.K. Singhal, AE(M-IV)/CLZ North Delhi Municipal Corporation Delhi Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from appellant/complaint: RTI applications filed on : 04.06.2014 PIO replied on : 01.09.2014 First Appeal filed on : 03.09.2014 First Appellate Authority (FAA) order on : 09.10.2014 Appeal/Complaint received on : 27.10.2014 & 14.10.2014 Information sought: The appellant sought information w.r.t. sewer pipe line above the ground floor roof etc. Relevant facts emerging during hearing: Since, all the above mentioned appeals are filed in relation to the same RTI application dated 04.06.2014; therefore, the above appeals are being clubbed together for hearing to avoid multiplicity of the proceedings. Both parties are present and heard. The appellant filed an RTI application dt.04.06.2015, seeking the above information. PIO vide reply dated 01.09.2014 informed the appellant about point 1 that information sought pertains to Land & Estate Dept. of Nr. DMC and regarding point 2, PIO stated that the information sought is a clarification which is not covered under the RTI Act. The FAA disposed of the first appeal vide order dated 09.10.2014, upholding the decision of the PIO. Being not satisfied with the response of the public authority, the appellant filed the present appeals before the Commission. The appellant stated that complete information till date has not been provided to him. He stated that he had sought the information w.r.t. proposed map in which the respondent had proposed the sewer line above the ground floor roof. The respondent from Maintenance dept. stated that the proposed map was made to meet the feasible solution as per the directions of the Honble High Court and requested two weeks time to submit the written submissions in this regard. Respondent from Architecture dept. stated that the information sought does not pertain to them. Interim Decision: After hearing both parties and on perusal of record, both the parties are directed to submit written submission latest by 22.05.2015, clearly stating their stand on the matter, after which the Commission shall pass the final order. The Registry of this Bench is directed to put up this case before the Bench, latest by 25th May, 2015. Fresh notices for hearing will be issued to both the parties, if desired. Decision The respondent through written submission dated20.05.2015 stated as follows:

The erstwhile Municipal Corporation of Delhi developed and constructed residential colony consisting of 640 quarters known as Nimri Colony, Delhi. This colony was constructed under the Low Income Group Housing Scheme after taking loan from the Delhi Administration. While quarters bearing Nos. 1 to 324 were allotted to the Municipal employees in terms of the resolution of the corporation bearing No. 447 dated 20.09.1966, flats bearing Nos. 325 to 604 were sold on No Profit No Loss Basis. The remaining flats bearing Nos. 605 to 640 were allocated on licence fee basis to those persons who were evicted from public land, pursuant to and in compliance of the Corporations Resolution No. 320 dated 02.09.1969. Flats bearing Nos. 1 to 324 were in possession of the Municipal employees right from inception of construction thereof but the Corporation on account of legal impediments could not transfer the ownership rights to the residents/occupants of Nimri Colony. As a result of this, sometimes in the year 1972, a Writ Petition came to be filed in Honble Supreme Court of India (i.e. CWP 203/72) regarding sale and transfer of ownership rights of the flats in question. During the pendency of the aforesaid writ petition, Municipal Corporation of Delhi passed a Resolution No. 924 dated 15th February, 1984 relating to transfer of ownership rights in the said Municipal quarters on No Profit No Loss basis to the then allottees/authorised occupants of those quarters. The writ petition was allowed by the Honble High Court on 12.12.1984 directing the Resolution dated 15th February, 1984 be acted upon without any delay. The LPA/SLP filed against the order dated 12.12.1984 by the Municipal Corporation of Delhi was dismissed on 30.09.1985 and 31.08.1988. It is pertinent to mention that the loan for construction of approximately 968 tenements, Nimri Colony was granted by the Government of India. However, in the scheme total number of tenements to be built was approximately 968 in the Nimri Colony. Out of these, based on availability of funds, only 640 quarters were built in the first instance of which 1 to 324 were transferred to the municipal employees and 325 to 640 to private persons on hire purchase basis in terms of the conditions of the loan granted for implementation of the scheme having clear directions in the scope of the administrative sanction of the said scheme that the houses built under the said scheme must be sold out or on hire purchase basis to co- operative or individuals. State Government cannot continue to be the permanent owners and rent these houses. It is further submitted that the Corporation vide Resolution No. 924 dated 15.02.1984 considered the above position brought out by the Commissioner in his letter no. F.33/L&F/7702/C&C dated 17.11.1983 and the recommendations made by the Standing Committee vide Resolution No. 572 dated 23.12.1983, Municipal quarters at Nimri Colony be sold to the present allottees/authorised occupants of these quarters at market value of 1974 which has already been calculated in the case of 11 quarters of Nimri Colony sold to the authorised occupants and on the same terms and conditions as contained in the Corporations Resolution No. 937 dated 9/2/1979. It is worthwhile to mention that the Lt. Governor directed the Corporation to rescind the Resolution dated 4/12/1970, 25/4/1972, 31/7/1973, 21/12/1988 and 4/10/1989 except in so far as they related to part of Nimri Colony. The proposal was accordingly moved by the Commissioner on 21/-3/1990 for rescinding the aforesaid resolution except so far as they related to part of Nimri Colony on 22/03/1990 due to the reason that the original scheme for construction of Nimri Staff Quarters has a clear stipulation in the scope that the Corporation cannot continue to be permanent owner and rent these houses. It is further submitted that in the year 1994 a Writ Petition bearing No. 3587/1994 Upper Flats Residents Association Vs MCD seeking removal of encroachment was filed in the Delhi High Court and the erstwhile Municipal Corporation of Delhi decided to compound the encroachments up to 100 Sq. metres, from the existing 62.26 Sq.mtrs vide Corporation Resolution No. 386 of 2000 on deposition of compounding fee @ Rs.2, 30,663/-.In the present case i.e., Upper Flat Residents Association & others Vs. MCD(CWP No. 3587/1994), the Honble High Court of Delhi vide decision dated 19.1.2012 passed directions For this purpose, MCD shall take necessary exercise by preparing layout plans/designs and earmark the areas from where these pipelines can now be laid. Engineers of MCD for this purpose survey the area and complete the necessary exercise within a period of three months and provide those drawings to the petitioners. MCD shall also ensure that when the upper flat owners re-lay the pipelines on the basis of revised layout plans prepared by the MCD, ground floor owners shall cooperate and shall not cause any hindrance and if needed, police assistance can also be taken. MCD while preparing the said layout plans, may take the help and cooperation of Delhi Jal Board if required and on MCD approaching Delhi Jal Board, it shall extend all cooperation, and the Writ Petition was disposed off. Matter was again listed before the Honble Court on 16.1.2013 before Honble Justice G.S. Sistani. The Court directed to hold a meeting between the representatives of the petitioners and EE(M-IV)CLZ on 16.2.2013 at 2.30 P.M. and prior to this meeting the site shall be inspected jointly by the representatives and concerned staff on 2.2.2013 at 11 AM.As per the directions of Honble Court a meeting was held at site on 2.2.2013 in the presence of the undersigned along with concerned Asstt. Engineer, Jr. Engineer from MCD & concerned staff of Delhi Jal Board and the petitioner along with his architect and subsequently the meeting was held in the office of the undersigned on 16.2.2013 and as per the directions of Honble Court, the drainage system was handed over to the Plaintiff on 23.03.2013. MCD had apprised the Honble High Court of Delhi on 24.10.2013 vide O.M. No. 5054/2013 that the Orders of Honble Court dated 19.01.2012 could not be put into action as large number of residents of Nimri Colony has given in writing to Executive Engineer that the existing sewerage system is not creating any problem to them. However, the Honble Court has directed on 24.10.2013 that since the present petitioner has a definite grievance and wants Orders dated 19.01.2012 to be implemented in letter and spirit. The petition was disposed of on the statement of Ld. Counsel appearing on behalf of New Delhi Municipal Corporation that the Orders will be put into action and implemented within 4 weeks. As per the directions of Honble Court, the undersigned along with concerned staff inspected the site on 24.11.2013. However, the petitioner was not available at the site. The petitioner attended the office of undersigned on 26.11.2013 and urged for to stick on the decision to demolish the bathroom at ground floor as ultimate solution and urged to be present again in the office of the undersigned with the architect in a short time with prior intimation, which he never complied with. A reminder was sent to the petitioner to attend office of undersigned with the architect vide letter No. EE (M-IV) CLZ/2013-14/D-1027 dated 16.12.2013 but did not got any response from the petitioner. To comply with the order of Honble Court dated 24.10.2013, the undersigned sent the drawing showing the sewerage/drainage plan to the petitioner by post vide No.(M- IV)CLZ/2013-14/D-1158 dated 16.01.2014.
The appellantthrough written submission dated 13.05.2015 stated as follows: 1.That the brief facts of the case are that the appellant is the owner of Upper Flat bearing No.354, First Floor, Nimri Colony, Ashok Vihar, Delhi-52 which flats were allotted for the area measuring 62.26 sq.meter each along with footpath and service lane in front side and back side. 2.That the occupier of the ground floor flat No.353, Ground Floor, Nimri Colony, AshokVihar, Delhi-52 encroached the public land and illegally extended the area of his flat andconstructed a room as a result of which the sewer pipe line of the applicant was blocked by him.

3. That the act of the owner of the ground floor flat of encroaching the public land and carrying out the huge illegal construction is against the violation of the D.M.C. Act and other applicable laws and the said encroachment is not protected through any Delhi Special Provision Act or any other bye-laws and cannot be regularized and the said encroachment cannot be protected by the competent authority through any manner.

4. That thereafter the appellant came to know that a writ petition No.3587/94 was filed by the Upper Flats Residential Association in which the Hon'ble Mr.JusticeY.K.Sabharwal, vide order dated 15.5.1995 passed the order for the removal of the unauthorized construction and encroachment over the public land by the occupiers of the ground floor flats of the same area at Neemri Colony. The copy of the said order dated 15.5.1995 is annexed herewith as Annexure- 5.That it is pertinent to mention here that thereafter to defeat the order passed by the Hon'ble High Court the occupiers of the ground floor who have illegal encroached the service lane and footpath after raising the illegal constructed have conspired with the officials of the M.C.D. as a result of which the M.C.D. submitted the resolution dated 25.9.2000 vide Resolution No.386 before the Hon'ble Court in which they recommended to permit the occupiers of ground floor who have extended their area upto 100 sq.meters on a plot area of 135 sq.meters. But the Hon'ble High Court vide order dated 12.9.2007 specifically mentioned that they have not accepted the resolution. Despite of this the officials of the M.C.D. in the garb of the resolution are protecting the occupiers of the ground floor flat owners of Neemri Colony. The said resolution dated 25.9.2000 is annexed herewith as Annexure-B and copy of order of the Hon'ble High Court dated 12.9.2007 is also annexed herewith as Annexure-C. 6.That as the appellant was effecting party therefore he made an application in the said writ petition and become the party as his sewer pipe line was blocked by the ground floor owner of flat No.353, Neemri Colony, Delhi after constructing a room by encroaching the service lane and obstruct the sewer line main hole of the appellant. 7.That thereafter the Hon'ble High Court vide order dated 19.1.2012 put the question whether the necessary exercise by preparing layout plans from these pipe line now be lead the Engineer of M.C.D. for this purpose survey the area and complete the necessary exercise within a period of three months. The said order dated 19.1.2012 is annexed herewith as Annexure-D. 8.That thereafter in compliance of the said order dated 19.1.2012 the site of the appellant was inspected by the team of experts officials of the M.C.D. and N.D.M.C., Delhi Jal Board and other concerning officials and they given the following opinion on 19.2.2013:-

During the inspection of flat No.354, it was found thatsometemporaryconstruction was construction over the main hole which is required to be demolished for providing proper shaft" The photocopy of the said letter dated19.2.2013 is annexed herewith as Annexure-E.

9. That despite the above said inspection andopinion to the effect that the illegal construction is required to be demolished on ground floor, the Executive Engineer of the M.C.D. has supplied the proposed sewerage system plan in respect of the flat in question on 16.1.2014 in which he suggested to take the sewer pipeline measuring 57 ft. without any hole over the ground floor which is practically impossible. The said site plan is already on record.

10. That to prove the conspiracy between theoccupier of ground floor and M.C.D. officials, and to prove that the said proposed plan is not fit, the appellant filed an R.T.I. application addressed to Chief Architect, North M.C.D. whether the sewer pipe line shown in the said proposed site plan by Executive Engineer on 16.1.2014 is correct and approved by the building bye-laws and another information was sought from the Commissioner, North M.C.D., "Can footpath and back servicelane encroachment be regularized in Neemri Colony, Delhi. But the appellant has not received the proper reply from both the Public Information, Officers. Then the appellant was compelled to file the first appeal but before the First Appellate Authority the officials of the North M.C.D. also mislead the First Appellate Authority and in the garb of the pending writ petition before the Hon'ble High Court, they did not supply the correct and exact information even in First Appeal.

11. Feeling aggrieved by the order in the first appeal the appellant has preferred the second appeal before this Hon'ble Authority.

12. That even in the present second appeal the respondent is taking the same plea of pending writ petition and in the shadow of the writ petition they are not .supplying the sought information till date. It is pertinent to mention here that the respondents are also misleading the Hon'ble High Court as well asthuis Hon'ble Authority because even as per their public notice dated 12.2.2015, they are still allotting the flats of the same original size of 62.26 sq.yds. in Neemri Colony, Delhi but on the other hand they are misleading by putting the resolution dated 25.9.2000 in which they recommended to permit the occupiers of ground floor who have extended their area upto 100 sq.meters on a plot area of 135 sq.meters. But the Hon'ble High Court vide order dated 12.9.2007 specifically mentioned that Hon'ble High Court has not accepted the resolution. Despite of this on the pretext of the said writ petition, the respondent are not providing the correct information for the reason best known to them. The copy of the said public notice dated 12.2.2015 is annexed herewith as Annexure-F.

13. From the above said submissions, it iscrystal clear that the respondent intentionally do not want to provide the sought information despite the fact that there is no any bar either from any court or from any other department to provide the soughtinformation to the appellant but despite thatthey are not doing the needful and thequestion may be put to the respondent that why they are avoiding to give the 'simpleinformation and why they are confusing theappellant and even this Hon'ble Authority andwhy they are protecting the occupiers of theground floor flat owners of Neemri Colony. It is, therefore, respectfully prayed that the above said submissions may kindly be considered and the respondents may strictly be directed to give the sought information to the appellant without any further delay and heavy penalty may kindly be imposed upon the respondent under R.T.I. Act.

After perusal of submission of the parties the Commission finds that the appellant has some grievance against the proposed sewer pipe line and want to establish that the proposed sewer pipe line is not correct or illegal for which the Commission is not an appropriate forum. Through the RTI application, he has sought information whether the proposed sewer pipeline through his house is in order or not. This matter has already been extensively dealt with by the Honourable Delhi High Court in compliance of whose order; MCD had sent the drawing plan to the appellant on 16.01.2014. The appellant on the other hand has insisted on demolition of bathroom at ground floor as the ultimate solution. Since, the Honourable Delhi High Court has already given directions in the matter, the Commission refrains from commenting on the subject. Information, however, as sought by the appellant has been provided by the respondent authority as mentioned above. Another appeal bearing no. CIC/YA/A/2014/002879 relating to same issue is also disposed of vide this order. Appeals are disposed of accordingly. Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:- Public Information Officer under RTI Executive Engineer-(M-IV)/ Civil Lines, North Delhi Municipal Corporation, Civil Lines Zone, Shakti Nagar Extension, Delhi-110052. First Appellate Authority under RTI Superintending Engineer-II / Civil Lines, North Delhi Municipal Corporation, Civil Lines Zone, Room No.-308, Zonal Office Building, 16, Rajpur Road, Delhi-110054. Shri Harminder Singh House No. 354, Nimri Colony, Delhi-110052.

Shri Harminder Singh... v. Shri Tejvir Singh, E...