Sunil Kumar v. MCD, Central Information Commission, Judgment, Law, casemine.com

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केीय सूचना आयोग

Central Information Commission

बाबा गंगनाथ माग, मुिनरका

Baba Gangnath Marg, Munirka

नई िद ी, New Delhi - 110067

File No: Total 4 cases.

(1) CIC/MCDND/A/2024/110174

(2) CIC/MCDND/A/2024/110175

(3) CIC/MCDND/A/2024/110176

(4) CIC/MCDND/A/2024/110178 Sunil Kumar .….अपीलकता/Appellant

VERSUS

बनाम

PIO,

O/O Executive Engineer, Building Department, Municipal Corporation of Delhi, Najafgarh Zone, Room No. 119 & 121, First Floor, Near Dhansa Stand, Najafgarh,

New Delhi - 110043 …. ितवादीगण /Respondent

Date of Hearing : 08.09.2025 Date of Decision : 16.09.2025

INFORMATION COMMISSIONER : Vinod Kumar Tiwari The above-mentioned Second Appeals are clubbed together as the parties are common, and subject-matter is similar in nature and hence, they are disposed of through a common order.

(1) CIC/MCDND/A/2024/110174 Relevant facts emerging from appeal:

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RTI application filed on : 26.10.2023 CPIO replied on : 17.11.2023 First appeal filed on : 04.12.2023 First Appellate Authority's order : 20.12.2023 Compliance of FAA order : 02.01.2024 2nd Appeal/Complaint dated : 03.04.2024

Information sought:

1. The Appellant filed an RTI application dated 26.10.2023 (offline) seeking the following information:

"Kindly Supply me the information in respect of:

I made a complaint against Prabhu Bakery situated at Property adjacent to Bikaner Wala Sweets, B-Block, Badi Red Light, Mahipalpur, New Delhi- 110037 for doing illegal and unauthorised construction at the said property. Accordingly, MCD booked above-mentioned property on 02.05.2023 via U.C. File No-212/B/UC/NG/23. Kindly provide me following documents issued to the subject property: -

(i) Kindly provide me a certified copy of property booking document.

(ii) Kindly provide me a certified copy of work stop notice.

(iii) Kindly provide me a certified copy of notice for disconnection of water supply and electricity connection.

(iv) Kindly provide me a certified copy of demolition order. If any.

(v) Kindly provide me a certified copy of sealing order. If any."

2. The CPIO, Executive Engineer (B), Najafgarh Zone, furnished a point-wise reply to the Appellant on 17.11.2023 stating as under:

"Please refer to your R.T.I application No. I.D./T.I.D No.410/RTI/EE(B)/NGZ/2023 dated 27/10/2023 regarding seeking information under "Right to Information Act, 2005". Since the information sought by you was referred to concerned A.E(B)/J.E(B)/.I(B)/R.K(B)/Deemed PIO for seeking assistance under Sub Section 4 of Section 5 of Right to Information Act, 2005 being custodian of record, the information supplied by him/them of Building Deptt., Najafgarh Zone is enclosed herewith.

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1 Being third party information copy of the same can't be provided. 2 to 5 Same as point No. 1 above."

3. Being dissatisfied, the Appellant filed a First Appeal dated 04.12.2023. The FAA vide its order dated 20.12.2023, held as under:

"During the course of hearing, the appellant stated that though he has received the reply of the PIO-EE(B)/NGZ but he is not satisfied with the reply. It was observed that the Applicant had sought certain information in respect of Property adjacent to Bikaner wala Sweets, B-Block, Badi Red Light, Mahipalpur, New Delhi-110037. In response, Sh.Sushil, AE/AΡΙΟ stated that being third party information, the same could not be supplied to the Appellant. The Appellant further submitted that in the similar matter dealt earlier, the requisite information was provided to him and now the same has been denied on the pretext of third party information by the PIO-EE(B)/NGZ.

In these circumstances, the PIO/ EE (B) NGZ is hereby directed to look into the matter and re-examine afresh and provide the modified/amended information as sought by the Appellant vide aforesaid RTI Application under RTI Act-2005 within a period of 10 days positively.

The appeal is disposed off, accordingly, in view of above terms."

4. In compliance of the FAA order, the CPIO, Executive Engineer (B), Najafgarh Zone, furnished a reply to the Appellant on 02.01.2024 stating as under:

"With reference to FAA/SE-II/NGZ order vide No. SE-II/NGZ/2023/D-140 dated 20/12/2023 and appeal No.64 in the case of Sh. Sunil Kumar. As per the order of FAA dated 20.12.2023, the reply of the information is attached herewith. It is also inform that the reply of RTI application No D-410 has already been given vide No. D-525 dated 17/11/2023.

1 Property has been booked vide. 212/B/UC/NG/23 dt. 02.05.2023. Copy of the same can't be provided being third party information.

2 Work stop notice has been issued vide No.D-2/17 dated 04/5/2023. Copy of the same can't be provided being third party information. 3 / 21

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3 Notice for disconnection of water and electricity has been issued vide No.D-3/27 dated 18/5/2023. Copy of the same can't be provided being third party information.

4 Copy of the same can't be provided being third party information.

5 Sealing has initiated vide file No. 28/sealing/UC/23 and the same is under hearing. Copy of the same can't be provided being third party information."

5. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

(2) CIC/MCDND/A/2024/110175 Relevant facts emerging from appeal:

Information sought:

6. The Appellant filed an RTI application dated 26.10.2023 (offline) seeking the following information:

"Kindly Supply me the information in respect of:

I made a complaint against P. No. 45-A/348 (Part), L-Block, Gali No-19, Mahipalpur Extension, New Delhi-110037, for doing illegal and unauthorised construction at the said property. Accordingly, MCD booked above-mentioned property on 10.05.2023 via U.C. File No- 224/B/UC/NG/23. Kindly provide me following documents issued to the subject property: -

(i) Kindly provide me a certified copy of property booking document.

(ii) Kindly provide me a certified copy of work stop notice. 4 / 21

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(iii) Kindly provide me a certified copy of notice for disconnection of water supply and electricity connection.

(iv) Kindly provide me a certified copy of demolition order. If any.

(v) Kindly provide me a certified copy of sealing order. If any."

7. The CPIO furnished a point-wise reply to the Appellant on 17.11.2023 stating as under:

"Please refer to your R.T.I application No. I.D./T.I.D No.411/RTI/EE(B)/NGZ/2023 dated 27/10/2023 regarding seeking information under "Right to Information Act, 2005". Since the information sought by you was referred to concerned A.E(B)/J.E(B)/.I(B)/R.K(B)/Deemed PIO for seeking assistance under Sub Section 4 of Section 5 of Right to Information Act, 2005 being custodian of record, the information supplied by him/them of Building Deptt., Najafgarh Zone is enclosed herewith.

1 Being third party information copy of the same can't be provided. 2 to 5 Same as point No. 1 above."

8. Being dissatisfied, the Appellant filed a First Appeal dated 04.12.2023. The FAA vide its order dated 20.12.2023, held as under:

"During the course of hearing, the appellant stated that though he has received the reply of the PIO-EE(B)/NGZ but he is not satisfied with the reply. It was observed that the Applicant had sought certain information in respect of Property adj. to P.No.L-233 at Khasra No.727, Gali NO.7, Mahipalpur, New Delhi-110037. In response, Sh.Sushil, AE/APIO stated that being third party information, the same could not be supplied to the Appellant. The Appellant further submitted that in the similar matter dealt earlier, the requisite information was provided to him and now the same has been denied on the pretext of third party information by the PIO-EE(B)/NGZ.

In these circumstances, the PIO/EE (B) NGZ is hereby directed to look into the matter and re-examine afresh and provide the modified/amended information as sought by the Appellant vide aforesaid RTI Application under RTI Act -2005 within a period of 10 days positively. 5 / 21

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The appeal is disposed off, accordingly, in view of above terms."

9. In compliance of the FAA order, the CPIO furnished a reply to the Appellant on 02.01.2024 stating as under:

"With reference to FAA/SE-II/NGZ order vide No. SE-il/NGZ/2023/D-141 dated 20/12/2023 and appeal No.65 in the case of Sh. Sunil Kumar. As per the order of FAA dated 20.12.2023, the reply of the information is attached herewith. It is also inform that the reply of RTI application No D-413 has already been given vide No. D-527 dated 17/11/2023.

1 Property has been booked vide. 222/B/UC/NG/23 dt. 10.05.2023. Copy of the same can't be provided being third party information.

2 Work stop notice has been issued vide No.D-2/28 dated 12/5/2023. Copy of the same can't be provided being third party information.

3 Notice for disconnection of water and electricity has been issued vide No.D-3/28 dated 18/5/2023. Copy of the same can't be provided being third party information.

4 Copy of the same can't be provided being third party information.

5 Sealing order has been issued vide file No. 27/sealing dt. 20/6/2023. Copy of the same can't be provided being third party information."

10. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

(3) CIC/MCDND/A/2024/110176 Relevant facts emerging from appeal:

Information sought:

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11. The Appellant filed an RTI application dated 26.10.2023 (offline) seeking the following information:

"Kindly Supply me the information in respect of:

I made a complaint against P. NO. L-43-A/331 (Part), L-Block, Gali No-19, Mahipalpur Extension, New Delhi-110037, for doing illegal and unauthorised construction at the said property. Accordingly, MCD booked above-mentioned property on 10.05.2023 via U.C. File No- 223/B/UC/NG/23. Kindly provide me following documents issued to the subject property: -

(i) Kindly provide me a certified copy of property booking document.

(ii) Kindly provide me a certified copy of work stop notice.

(iii) Kindly provide me a certified copy of notice for disconnection of water supply and electricity connection.

(iv) Kindly provide me a certified copy of demolition order. If any.

(v) Kindly provide me a certified copy of sealing order. If any."

12. The CPIO furnished a point-wise reply to the Appellant on 17.11.2023 stating as under:

"Please refer to your R.T.I application No. I.D./T.I.D No.412/RTI/EE(B)/NGZ/2023 dated 27/10/2023 regarding seeking information under "Right to Information Act, 2005". Since the information sought by you was referred to concerned A.E(B)/J.E(B)/.I(B)/R.K(B)/Deemed PIO for seeking assistance under Sub Section 4 of Section 5 of Right to Information Act, 2005 being custodian of record, the information supplied by him/them of Building Deptt., Najafgarh Zone is enclosed herewith.

1 Being third party information copy of the same can't be provided. 2 to 5 Same as point No. 1 above."

13. Being dissatisfied, the Appellant filed a First Appeal dated 04.12.2023. The FAA vide its order dated 20.12.2023, held as under:

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"During the course of hearing, the appellant stated that though he has received the reply of the PIO-EE(B)/NGZ but he is not satisfied with the reply. It was observed that the Applicant had sought certain information in respect of P.No.450-A/348(Part), L-Block, Gali No.19, Mahipalpur Extensaion, New Delhi-110037. In response, Sh.Sushil, AE/APIO stated that being third party information, the same could not be supplied to the Appellant. The Appellant further submitted that in the similar matter dealt earlier, the requisite information was provided to him and now the same has been denied on the pretext of third party information by the PIO-EE(B)/NGZ.

In these circumstances, the PIO/EE (B) NGZ is hereby directed to look into the matter and re-examine afresh and provide the modified/amended information as sought by the Appellant vide aforesaid RTI Application under RTI Act-2005 within a period of 10 days positively. The appeal is disposed off, accordingly, in view of above terms."

14. In compliance of the FAA order, the CPIO furnished a point-wise reply to the Appellant on 02.01.2024 stating as under:

"With reference to FAA/SE-I/NGZ order vide No. SE-I/NGZ/2023/D-142 dated 20.12.2023 in appeal No. 66 in the case of RTI application No. 411 dated 27.10.2023 of Sh. Sunil Kumar. Further, it is also informed that the reply of the RTI application has already been given to the applicant vide No. D-536 dated 17.11.2023. As per the order of FAA dated 20.12.2023, fresh and modified/amended information under RTI Act-2005 is given as under.

1 Property has been booked vide. 224/B/UC/NG/23 dt. 10.05.2023. Copy of the same can't be provided being third party information.

2 Work stop notice has been issued vide No.D-2/30 dated 12/5/2023. Copy of the same can't be provided being third party information.

3 Notice for disconnection of water and electricity has been issued vide No.D-3/25 dated 18/5/2023. Copy of the same can't be provided being third party information.

4 Copy of the same can't be provided being third party information. 8 / 21

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5 Sealing order has been issued vide file No. 25/sealing dt. 20/6/2023. Copy of the same can't be provided being third party information."

15. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

(4) CIC/MCDND/A/2024/110178 Relevant facts emerging from appeal:

Information sought:

16. The Appellant filed an RTI application dated 26.10.2023 (offline) seeking the following information:

"Kindly Supply me the information in respect of:

I made a complaint against Property adj. to P.No. L-233 at Khasra No. 727, Gali No-7, Mahipalpur, New Delhi-110037, for doing illegal and unauthorised construction at the said property. Accordingly, MCD booked above-mentioned property on 10.05.2023 via U.C. File No- 222/B/UC/NG/23. Kindly provide me following documents issued to the subject property: -

(i) Kindly provide me a certified copy of property booking document.

(ii) Kindly provide me a certified copy of work stop notice.

(iii) Kindly provide me a certified copy of notice for disconnection of water supply and electricity connection.

(iv) Kindly provide me a certified copy of demolition order. If any.

(v) Kindly provide me a certified copy of sealing order. If any." 9 / 21

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17. The CPIO furnished a point-wise reply to the Appellant on 17.11.2023 stating as under:

"Please refer to your R.T.I application No. I.D./T.I.D No.413/RTI/EE(B)/NGZ/2023 dated 27/10/2023 regarding seeking information under "Right to Information Act, 2005". Since the information sought by you was referred to concerned A.E(B)/J.E(B)/.I(B)/R.K(B)/Deemed PIO for seeking assistance under Sub Section 4 of Section 5 of Right to Information Act, 2005 being custodian of record, the information supplied by him/them of Building Deptt., Najafgarh Zone is enclosed herewith.

1 Being third party information copy of the same can't be provided. 2 to 5 Same as point No. 1 above."

18. Being dissatisfied, the Appellant filed a First Appeal dated 04.12.2023. The FAA vide its order dated 20.12.2023, held as under:

"During the course of hearing, the appellant stated that though he has received the reply of the PIO-EE(B)/NGZ but he is not satisfied with the reply. It was observed that the Applicant had sought certain information in respect of P.No.L-43-A/331(Part), L-Block, Gali No.19, Mahipalpur Extension, New Delhi-110037. In response, Sh.Sushil, AE/APIO stated that being third party information, the same could not be supplied to the Appellant. The Appellant further submitted that in the similar matter dealt earlier, the requisite information was provided to him and now the same has been denied on the pretext of third party information by the PIO-EE(B)/NGZ.

19. In compliance of the FAA order, the CPIO furnished a reply to the Appellant on 02.01.2024 stating as under:

"With reference to FAA/SE-I/NGZ order vide No. SE-II/NGZ/2023/D-143 dated 20.12.2023 in appeal No. 67 in the case of RTI application No. 412 10 / 21

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dated 27.10.2023 of Sh. Sunil Kumar. Further, it is also informed that the reply of the RTI application has already been given to the applicant vide No. D-526 dated 17.11.2023. As per the order of FAA dated 20.12.2023, fresh and modified/amended information under RTI Act-2005 is given as under.

1 Property has been booked vide. 223/B/UC/NG/23 dt. 10.05.2023. Copy of the same can't be provided being third party information.

2 Work stop notice has been issued vide No.D-2/29 dated 12/5/2023. Copy of the same can't be provided being third party information.

3 Notice for disconnection of water and electricity has been issued vide No.D-3/26 dated 18/5/2023. Copy of the same can't be provided being third party information.

4 Copy of the same can't be provided being third party information.

5 Sealing order has been issued vide file No. 26/sealing dt. 06/07/2023. Copy of the same can't be provided being third party information."

20. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: He, along with Shri Vipin Chaurdhary, Advocate present in persons.

Respondent: Shri Bachuchu Singh, ASO/APIO present in person.

21. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 03.04.2024 is not available on record. The Respondent confirms non-service.

22. A written submission dated Nil filed by the Appellant prior to hearing is taken on record. Contents of the same are reproduced below:

MOST RESPECTFULLY SHOWETH: -

1. That the Appellant is a social worker and RTI activist, actively engaged in safeguarding the cultural and environmental heritage of his native place, Village Mahipalpur, Delhi. The Appellant has consistently raised his voice against illegal 11 / 21

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encroachments, unauthorized constructions, and illegal hotel operations in the locality, which are not only in blatant violation of the law but also leading to the reckless exploitation of natural resources through practices such as illegal boring of groundwater.

2. That the Appellant, having witnessed the mushrooming of illegal constructions in violation of the provisions of the Delhi Municipal Corporation Act, 1957 (hereinafter "DMC Act") and the Building Bye Laws, has continuously highlighted that certain local residents of Ward-133, Mahipalpur, have been erecting unauthorized high-rise structures solely for commercial gain. These premises are being rented out, with the owners seeking higher rentals by unlawfully raising additional floors.

3. That the Appellant further observed the existence of illegal water connections and unauthorized borewells being operated at such illegal premises. The Appellant, being a responsible citizen, reported these grave violations to the Municipal Corporation of Delhi (Najafgarh Zone), which is the primary authority vested with the duty to regulate and prevent such unlawful activities.

4. That it is pertinent to submit that these unauthorized high-rise buildings are not only depleting the already scarce groundwater resources but have also become a major source of corruption within the Respondent department. The officials of MCD, Najafgarh Zone, have been permitting and facilitating such illegal constructions by accepting huge sums of money from the violators in lieu of inaction.

5. That the Appellant, aggrieved by such blatant illegality and corruption, started making complaints before the concerned authorities, seeking strict action against such unauthorized constructions. However, instead of acting upon the complaints, certain officials of the Respondent department started misusing the very complaints of the Appellant by showing them to the violators and extorting money in exchange for protection from legal action.

6. That the Appellant was deeply shocked to learn that his complaints, instead of serving the cause of justice, were being used as instruments of extortion by the officials themselves. Consequently, the Appellant resorted to filing several RTI applications to obtain documentary evidence of these illegalities and expose the corruption prevalent in the system.

7. That initially, the Appellant received meaningful responses to his RTI applications, which helped him in unearthing significant irregularities. Armed with such information, the Appellant filed a complaint before the Hon'ble Lokpal of India, wherein he highlighted systemic corruption and unauthorized construction facilitated by the Respondent department.

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8. That the Hon'ble Lokpal of India was pleased to dispose of the complaint vide Order No. 177/2023 dated 21.03.2024, issuing specific directions to the Respondent to take appropriate action regarding unauthorized constructions. However, the ground situation in the area has remained unchanged.

9. That subsequently, the Respondent officials began evading their statutory duty under the RTI Act, 2005. Instead of furnishing the requested documents, they started rejecting the Appellant's RTI applications on untenable grounds, frequently taking refuge under the plea of "third-party information" even where the documents squarely fall within the ambit of information disclosable under Section 2(f) of the RTI Act.

10. That in the present matter, the Appellant filed four separate RTI application dated 26.10.2023 seeking certified copies of the following documents: (i) Property booking document; (ii) Work stop notice; 4 (iii) (iv) (v) Notice for disconnection of water and electricity connection; Demolition order; and Sealing order. The CPIO, however, vide reply dated 17.11.2023, denied the information citing "third party" grounds.

11. That the Appellant preferred the First Appeal dated 04.12.2023. The FAA, vide Order dated 20.12.2023, directed the CPIO to re-examine the matter afresh and provide the modified/ amended information to the Appellant within 10 days.

12. That despite the said direction, the Appellant, on 02.01.2024, received only vague and general details instead of the specific documents requested. The denial was once again based on the ground of "third-party information," which is manifestly untenable in the present context.

13. That the Appellant, therefore, filed the present Second Appeal before this Hon'ble Commission, as the conduct of the CPIO and Respondent department reflects deliberate suppression of information to shield rampant corruption and unauthorized constructions. It is significant to note that in previous RTI applications, the very same category of documents was provided to the Appellant. However, in the instant case, owing to the sensitive nature of the information that exposes corruption within the department, the Respondent has deliberately withheld the information. True copy of a similar RTI application and reply is annexed herewith as Annexure-1 (Colly.).

14. That the Appellant is also filing herewith a duly executed Vakalatnama in favour of his counsel, thereby authorizing him to appear, act and plead on behalf of the Appellant in the present proceedings before this Hon'ble Commission, along with all incidental powers as permissible under law. The copy of the Vakalatnama is enclosed herewith as Annexure-2.

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PRAYER

In view of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon'ble Commission may be pleased to:

a) Direct the Respondent/ CPIO to furnish complete and specific information/ documents sought by the Appellant in his RTI application dated 26.10.2023, without resorting to arbitrary denial under the garb of "third party information";

b) Impose penalty upon the CPIO under Section 20(1) of the RTI Act, 2005, at the rate of 250/- per day for each RTI application separately, and in the facts of the present case, award the maximum penalty of ₹25,000/- in respect of each of the four RTI applications, thereby totalling to a cumulative penalty of 1,00,000/- (Rupees One Lakh only), for willful, deliberate and malafide denial of information;

c) Award compensation to the Appellant under Section 19(8)(b) of the RTI Act, 2005 for the detriment suffered, including mental harassment, repeated filing of appeals, and denial of his right to information, by directing the Respondent public authority to pay 50,000/- as compensation to the Appellant;

d) Take appropriate disciplinary action against the erring CPIO/officials for misconduct in terms of Section 20(2) of the RTI Act, 2005; Pass such further or other orders as this Hon'ble Commission may deem fit and proper in the facts and circumstances of the case, in the interest of justice .

23. Ld. Counsel for the Appellant stated that the information was sought by him in larger public interest to expose the issue of unauthorized construction carried out by various occupants. He pleaded that information sought has been wrongly denied by the PIO claiming it to be third party's personal information ignoring the fact that it relates to larger public interest. He further invited attention of the Commission towards a circular of MCD bearing No. Addl. Comm. (Engg.)MCD/2025D-298 dated 04.08.2025 as per which all zonal executive engineers (Building) were directed to put the details of booking/sealing/demolition in public domain. He prayed the Commission to intervene in these matters.

24. Written submissions of the Respondent are taken on record. The Respondent submitted that on receipt of complaint from the Appellant action were initiated against the third-party owners/occupants regarding their alleged unauthorizedly constructed properties. However, copy of booking order, demolition order, sealing order of third-party owner as sought by the Appellant were not provided to him as the same is exempted from disclosure under the RTI Act. On being queried by the Commission as to whether the 14 / 21

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Complainants concerned are asked to associate during inspection of property or in the inquiry process, the Respondent answered in negative.

Decision:

25. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is aggrieved that information regarding copy of booking order, demolition order, sealing order of the unauthorized construction property has been wrongly denied by the Respondent on his above-mentioned RTI applications. He contended that the information sought by him is in larger public interest and he is entitled to obtain the same under the RTI Act. Moreover, it is on his complaints that the Respondents initiated Action against those parties.

26. The Commission observes that the First Appellate Authority vide its order dated 20.12.2023 had given specific directions to provide complete information to the Appellant but despite specific directions, the PIO instead of providing complete information to the Appellant has merely reiterated the same set of replies with minor changes, which is not in the spirit of the RTI Act and hence, liable to be set aside. It seems that the PIO is knowingly obstructing the information under the RTI Act, despite there being larger public interest in the matter. The Respondent is directed to be cautious in future and ensure that the information which is in larger public interest should be provided to the applicants in true spirit of the RTI Act particularly when the First Appellate Authority has passed order to this effect. It is noted that the FAA is an officer of the same Public Authority and would have passed the order after due application of mind.

27. The Commission previously dealt with cases where copies of building plans were sought by the applicants and after the incident happened in Old Rajendra Nagar, New Delhi, a circular was issued by Additional Commissioner (Engg.), MCD, dated 29.07.2024, in which several directions were issued in public interest wherein, building plans are to be disclosed in public domain so that violations can be detected. The relevant extract of the circular dated 29.07.2024 is reproduced herein:

"SUB:- Urgent measures to prevent misuse of basement and other related matters.

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As you are well aware a tragic incident occurred in the basement of a coaching institute for IAS aspirants located at Old Rajender Nagar on Saturday, the 27th of July 2024 which resulted into loss of life of three students due to flashflood caused because of choked sewer line / storm water drainage system. Needless to say that it is the primary responsibility of MCD to provide a safe and liveable city to the Public and all out efforts who prevent such unfortunate incidents cannot / will not be allowed to reoccur.

In this regard, a delegation of students met the Commissioner on Sunday, the 28th of July 2024 and expressed their concerns on this issue. It was explained to them by the Commissioner that MCD will take all necessary steps urgently so as to prevent such a mishap in future. The following directions are accordingly conveyed for immediate action and compliance;-

The building having basement be got surveyed and immediate action including sealing be taken against those who are found misusing the same. There should be separate entry and exit gates for basement. All building plans shall be made available in public domain, so that the violators can be detected. All encroachments above drains / footpaths shall be removed. The storm water drains shall be fully desilted and choking at any point shall be got cleared with the help of super-sucker machines. In case fresh drain is required at any place, immediate proposal for the same be put up.

The portable pumps along with operators shall be kept ready for dewatering of vulnerable points of water logging (which have already been identified). The open hanging wires / cables shall be got surveyed and immediate necessary action be taken in close coordination with NDPL/BSES. The private concessionaire shall be sensitized to ensure quick removal of the garbage as there is putrefaction of the same during rainy season resulting into foul smell.

In some of the zones, there are old barrels catering to combined drainage i.e. sewer and storm water. These barrels should be got surveyed to avoid any untoward incident on account of settlement.

The urinal/toilets which are in poor condition shall be immediately improved. The above directions be scrupulously adhered to and strict disciplinary action will be taken against the delinquent officials ."

28. Subsequent to the above, a new circular was issued by the Additional Commissioner (Engg.) bearing No. Addl. Comm. (Engg.)MCD/2025D-298 dated 04.08.2025. Relevant extracts of which are reproduced below:-

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" In compliance of directions of the Hon'ble High Court of Delhi in WPO No. 6140/2025 CM APPL. 27953/2025, CM APPL. 27953/2025 & CM APPL. 27954/2025 titled 'Mehnaz Parveen Versus MCD & Ors.', meetings were held at senior level of MCD and Police authorities. The Minutes of the meeting have been issued vide No.CE/B/HQ/ MCD/2025/D-24 dated 22/07/2025 (Copy enclosed). The operative part of the said minutes of meeting is reproduced as under:-

"In order to ensure effective demolition, the MCD has issued directions vide Circular Office Order No. CE(B)HQ/2024/D-60 dated 30.08.20224 to completely raze/remove unauthorised construction. Sealing is only a temporary measure. It should be quickly followed by effective demolition action and the instructions have been issued by MCD with regard to sealing too vide Office Order No. CE (B)HQ/2024/D-67 dated 20.09.2024.

It was decided in the meeting that time and date stamped photographs of booking/sealing/demolition will be kept in record for reference and wherever seals are tampered with FIR shall be lodged.MCD should also effect recovery of charges for demolition under Section 153, 154, 455 to be read with 343(6) of the DMC Act, 1957 read with Order No.D/1418/ COM/MCD/2023 dated 29.12.2023...."

2. Besides the above, directions issued by the Addl. Commissioner (Engg.) vide circular No. Addl. Cm. (Engg.)/B(HQ)/2025/236 dated 04.06.2025 regarding e- office in respect of Unauthorised Construction related files (Copy enclosed), the operative part of the same is reproduced as under:-

"(i) All Zonal Executive Engineers (Building) are directed that henceforth booking of demolition, sealing, prosecution, disconnection of electricity various aspect of action against unauthorised construction namely /water, letter to sub-registrar for not registering the property, letter to SHO for stoppage of work, etc. be maintained in e-office application (e-file system) of NIC rather than physical files.

(ii) Further, details of booking/sealing/demolition be also lodged in the Data Base of booked properties, that has been put in public domain. " All concerned are directed to follow the above strictly and non-compliance of the above directions will be liable for action .

29. In light of the above facts and circumstances, the Respondent is directed to re examine the above-mentioned RTI applications of the Appellant and give revised point-wise information in response to each of the RTI application to the Appellant as per the provisions of the RTI Act. If any of the information sought pertains to some other department/division of the Public Authority, then, the Respondent is directed to take assistance under Section 5(4) of the RTI Act 17 / 21

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from the concerned PIO and provide information to the Appellant, free of cost, within a period of four weeks from the date of receipt of this order.

30. The FAA is directed to ensure compliance of this order.

31. Notwithstanding the aforesaid, the Commission would like to invite attention of the parties towards the similar issue adjudicated by this Bench on the complaints regarding unauthorized construction in the case File No.

CIC/MCDND/A/2023/146739 (Rakesh Singh v. PIO, O/O Executive Engineer (Building), MCD) where the Commission has made the following observations-

"…Lax action by the Respondent Public Authority against the building laws violation and also against illegal construction results in population density increase. This in turn puts additional pressure on civic amenities far beyond initially planned and provided for. It also entails additional works should the authority decides to enhance the scope of civic amenities. All this adds to the pollution load of the NCR which is already exceeding the permissible limits causing untold misery to its residents. In innumerable cases of similar nature, Appellants during the hearing in the Commission have levelled allegations of collusion between the violators/offenders and the concerned employees of the Respondent public authority. Therefore, the following advisory.

A pertinent issue emanating from the instant case revealed that there is procedural flaw in the Respondent Public Authority wherein the concerned authority does not associate the Complainant while taking action on complaints and disposing the complaints and they also do not disclose the broad outcome of the complaint; thus, forcing the citizens to seek the same under RTI Act. This is an avoidable burden on the system. In order to ensure speedy disposal of the complaints in the Respondent Public Authority, it is advised to associate the complainant in the complaints' inquiry/disposal process and also provide broad outcome of the inquiry so that the Complainant is not obstructed from availing judicial remedies. Association of the complainant in the complaints process would enable the public authority to:

• Obtain clarification on the complaints, if required

• Provide the complainant with updates on the status of the complaints

• Facilitate a fair and transparent resolution of the complaints. 18 / 21

Page 19 of 20

• Enable the Complainant to agitate the matter further should he wish to do so.

An advisory under Section 25 (5) of the RTI Act is issued to the Respondent Public Authority to take the following steps:

1. Acknowledge the receipt of the complaints.

2. Offer the complainant an opportunity to provide additional information or clarification, if required.

3. Provide the complainant an opportunity to associate in the inquiry process/proceeding so as to allay the apprehension the Complainant of any collusion with the alleged violator/offender.

4. Ensure that the complainant is informed of the decision on the complaints and the reasons for such decision so that Complainant gets an opportunity to escalate the same further or seek judicial remedy. By associating the complainant in the complaints process, the public authority can ensure that the complaints are disposed of in a fair, transparent, and timely manner. This will also relieve the public authority from the burden of RTI Applications which are filed for merely seeking these sorts of information. In pursuance of the aforesaid, the FAA is directed to place a copy of this order before their competent authority for taking appropriate action."

32. The above advisory holds good for the instant cases as well. In pursuance of this advisory, the FAA is directed to place a copy of this order before their competent authorities for necessary action.

The appeals are disposed of accordingly. Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु)

Authenticated true copy (अिभ मािणत स!ािपत ित)

(S. Anantharaman)

Dy. Registrar 011- 26181927 19 / 21

Page 20 of 20 Copy To:

The FAA, Office of the Suptdg. Engineer - II, NGZ, Room No. 204,

2nd Floor, Zonal Office Building, Near Dhansa Stand, Najafgarh, New Delhi - 110043

20 / 21

Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

1. It is recommended to maintain records in digital form for proper management and ease of access in compliance with clause (a) of sub-section (1) of section 4 of the RTI Act, 2005. Powered by TCPDF (www.tcpdf.org)

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CIC/MCDND/A/2024/110176

Sunil Kumar v. MCD

Sunil Kumar v. MCD

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