CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi F. No.CIC/YA/A/2015/ CIC/YA/A/2015/002303

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1 CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi F. No.CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ CIC/YA/A/2015/ Date of Hearing : Date of Decision : Appellant/Complainant : Ms Kamla Devi, New Delhi Rep. by Shri Shankar Das Falwaria Respondent : CPIO, SDMC, New Delhi Through: Mohd Anjum, AE(B) West Zone Shri Naresh Kumar, Asstt. Law Offer Information Commissioner : Shri Yashovardhan Azad Since common parties are involved in the present appeals, they are being clubbed together for hearing and disposal to avoid multiplicity of the proceedings.

2 Relevant facts emerging from appeal: Case No. RTI filed on CPIO reply First appeal filed FAA order 2 nd appeal filed on CIC/YA/A/2015/ The appellant vide RTI application dated sought photocopy of sanctioned building plan in respect of property No. WZ-47, Meenakshi Garden, New Delhi. CPIO vide order dated denied information u/s 8(1)(j) of RTI Act, The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant

3 CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding list of sanctioned building Plan by the West Zone, SDMC, New Delhi during 2007 to till date. CPIO vide letter dated furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought copies of petition dated filed by the one Ms. Ishwari Devi. CPIO vide letter dated declined information on the ground that no fees/receipt of fees was enclosed with the RTI application. The appellant preferred first appeal. FAA vide letter dated directed the CPIO to furnish sought information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 5 points regarding written statement dated filed by the Ex. Engineer B-I, W.Z. SDMC, New Delhi. CPIO vide letter dated did not furnish information on the ground that no fees/receipt of fees was enclosed with the RTI application. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 2 points regarding copies of writ petition(civil) No. 3270/2014 titled Ishwari Devi v/s SDMC, West Zone, New Delhi decided by Hon ble High Court of Delhi on CPIO vide letter dated did not furnish information on the ground that no fees/receipt of fees was enclosed with the

4 RTI application. FAA vide order dated directed the CPIO to furnish sought information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI applications dated sought information under 6 points whether reply/information were received from the Ex. Engg. (Electric), Town Hall, New Delhi as the PIO/EE(B-I)/WZ/SDMC, N.D-27 had transferred applicant s application dated CPIO vide letter dated furnished information as available on record. In respect of points No. 1 to 5 and in respect of point no. 6 the information is denied as the same does not come under the purview of RTI Act. The appellant preferred first appeal. FAA vide order dated to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 5 points regarding demolition work done by Shri Sanjeev Kumar, Jr. Engg., WZ, SDMC, New Delhi-27 in the premises No. 25/3, Ashok Nagar, New Delhi-18. CPIO vide letter dated furnished information on point nos. 1-4 as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding letter No. SDM (RG)/Misc./2014/ , dated by Coordinator, STF, SDM(RG) o/o DM (West) Revenue, GNCTD, Rampura, New Delhi addressed to the PIO. CPIO vide letter dated informed the appellant that no record is available and asked him to inspect the record on any working days with prior intimation to the Department. The appellant preferred first appeal. FAA vide order dated directed the PIO to provide specific information/modified reply to

5 the appellant. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding copy of letter Sr. No. SDM (RG)/Misc./2014/3443, dated of Hon ble Coordinator of STF, SDM(RG) o/o DM (West) Revenue, GNCTD, Rampura, New Delhi addressed to the PIO. CPIO vide letter dated informed the appellant that no record is available and asked him to inspect the record on any working days with prior intimation to the Department. The appellant preferred first appeal. FAA vide order dated directed the PIO to provide specific information/modified reply to the appellant. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought copies of show cause notice and booked under DMC Act, sealing order and De-sealing orders of Addl. Commissioner of MCD Delhi with affidavit on NJS duly Notarized filed by the owner of property No 31/16 Ashok Nagar, New Delhi-18.CPIO replied on The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 6 points on sanctioned building plans by officers of West Zone/SDMC w.e.f. year 2005 to CPIO on furnished information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant

6 CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 2 points regarding illegal encroachment on the public land and U/C in the back portion of premises No. 25/3, Ashok Nagar, Ward 114, New Delhi- 18 w.e.f by the illegal occupiers. CPIO vide letter dated furnished information on point no. 1 as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 3 points regarding Premises No. 21/16, Ashok Nagar, Ward 114, PS. Hari Nagar, New Delhi-18 and building plan sanctioned on by the Building Department of West Zone, SDMC, (MCD the then) New Delhi-27. CPIO vide letter dated furnished information as available on record on point no. 1 and on point no. 2 called upon the appellant to inspect the record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 3 points regarding building plan sanctioned on by the Building Department, West Zone, SDMC, New Delhi 27. CPIO vide letter dated furnished information on point no. 1 as available on record and on point no. 2 called upon the appellant to inspect the record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the

7 CIC/YA/A/2015/ The appellant vide RTI application dated sought information regarding property No. 25/3, Ashok Nagar, Ward 114, New Delhi 18. CPIO vide letter dated furnished information on point no.1. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding the action taken by Ex. Engg., Building 1, WZ- SDMC, ND-27. CPIO replied on The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding letter Sr. No. SDM (RG)/ Misc./2014/1511, dt of Hon ble coordinator of STF, SDM(RG) o/o D.M (West) Revenue, GNCTD, Rampura, N. Delhi addressed to the PIO, in which he had directed to provide the status of premises No. 25/3, Back portion, Ashok Nagar, New Delhi-18 in 5 days r/o U/C and illegal encroachment (Balconies / Chajjas). CPIO replied on stating that no complaint/reference is available with record and appellant can inspect the same on any working days within 15 days. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeing aggrieved over non compliance of FAO the appellant

8 CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding copy of booking No 275 dated booked for the property no. 51/16, Ashok Nagar, N.D-18 along with show cause notice. CPIO vide letter dated called upon additional amount for sought information. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 2 points regarding 21/16, Ashok Nagar, Ward 114, New Delhi CPIO vide letter dated furnished information on point no. 1 as available on record and information on point no. 2 denied as third party information. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish information within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 3 points regarding complaints against U/C & illegal encroachment placed by S.H.O., P.S. Hari Nagar, New Delhi-64. CPIO vide letter dated stated on point no. 1 & 2 that no complaint is available with record and appellant can inspect the complaint register within 15 days. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding the premises No. WZ-47, Meenakshi Garden ND-18. CPIO vide letter dated furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated

9 directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 8 points regarding the case title : Ms. Ishwari Devi V/s SDMC (WZ) & others, in WP(C) No. 3270/2014, decided by the officers of Bldg.-I/ALO, WZ- SDMC, New Delhi. CPIO replied on furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding property no. WZ-47, Meenakshi Garden, Ward-14, Tihar-II, New Delhi-18. CPIO vide letter dated furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 8 points regarding the Case title: Ms. Ishwari Devi V/s SDMC (WZ) & others, Suit No. 68/ /2012,. NDH: , is pending in the Court of Mrs. Tayagita, JSCC cum ASCJ, Delhi in which the matter is defend by the officers of Bldg.-I/ALO,WZ-SDMC, New Delhi. CPIO vide letter dated furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant

10 CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 2 points regarding illegal construction on the second floor (40 sq.yrd) third floor, along with projected stair landing and balconies (chajja) on the public land at back portion of premises No. 25/3, Ashok Nagar, Ward 114, New Delhi CPIO vide letter dated furnished information on point no.1 as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish revised reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information regarding action taken by the Dy. Commissioner, West Zone, SDMC, New Delhi-27 against appellant s complaint dated CPIO vide letter dated replied that no action taken report is available. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish modified reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 5 points regarding Ashok Nagar, Ward 114, New Delhi CPIO vide letter dated furnished information on point nos. 1,2 & 3. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish modified reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 4 points regarding Ex. Engg., Buldg,-I, WZ, SDMC, ND 27 has taken action in the written complaints of Delhi Police dated ,

11 and in the back portion of premises No 25/3, Ashok Nagar., Ward-114, PS. Hari Nagar, ND-18. CPIO vide letter dated furnished information as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish modified reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 2 points regarding detailed list of properties sealed by the SDMC, New Delhi due to construction done. CPIO vide letter dated furnished information on point no. 1 as available on record. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish modified reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant CIC/YA/A/2015/ The appellant vide RTI application dated sought information under 2 points regarding details of calls at MCD Control Room No 1260(Tel.) and West Zone, SDMC, No (Tel) against encroachment at back portion of premises No. 25/3, Ashok Nagar, P.S. Hari Nagar, Ward 114, New Delhi. CPIO replied on dated stating that encroachment case does not pertain to Bldg. Deptt, West Zone, SDMC. The appellant preferred first appeal. FAA vide order dated directed the CPIO to furnish modified reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant Relevant facts emerging during hearing: The appellant is represented by her husband Shri Shankar Das Falwaria. The appellant is stated to be perturbed, harassed and upset by the MCD s arbitrary decisions with respect to regularisation of properties. He states that a large number of buildings have been regularised by underhand/circuitous method while others in similar position have been proceeded against. All questions of his relate to West Zone of SDMC and in particular Ashok Nagar Area. He states to be residing at 25/3 Ashok Nagar, New Delhi since 1984, whereas the adjacent building bearing no. 25/2, Ashok Nagar is the main object of the entire series of his queries is. He states to have filed a number of

12 applications earlier and sought information as to how his neighbour s building has been regularised while his property is still under sealing and not regularised despite payment of due fees etc. He avers that both properties no. 25/2 & 25/3 were proceeded against for unauthorised construction and demolition action taken against the same. He has, therefore, repeatedly enquired from the SDMC as to why differential treatment was meted out to these two properties. To substantiate his point further, he states that a number of complaints were received by the MCD from the local SHO regarding unauthorised construction but while some were proceeded against by way of demolition, other buildings were spared. In a nutshell, the appellant is aggrieved over the pick & choose policy adopted by respondents. In addition, the last query of the appellant relates to the SDM s letter addressed to the SDMC regarding his property. He stated that he was allowed to inspect the record but copy of the document was not provided to him. He avers that in most of the cases the FAO had directed the CPIO to furnish information but directions were not complied with by the respondent/cpio. Per contra, the CPIO state that most of appellant s queries were replied to on the basis of available record and inspection was offered against a few. He states that since the appellant failed to deposit money on account of copying charges, the information sought could not be provided. Upon a query from the Commission, the CPIO expressed his ignorance regarding the provision of exemption of application/ copying charges by Below Poverty Line persons. The CPIO states that to augment revenue and provide a onetime concession, they are accepting deposition of regularization fees. He states that out of all such cases where regularization fee is deposited, SMDC carries out inspection of premises on a random sampling method in only 20 percent cases. He states that due to dearth of manpower, SDMC is unable to carry out inspection in even 20 percent of such instances. However, in the case of an application, inspection of the premises is mandatorily carried out to ascertain strict adherence to the laid down construction norms. Decision: After hearing parties and perusal of record, the Commission finds that the appellant had filed a series of RTI applications due to the perceived feeling of injustice being meted out to her by SDMC. The appellant is aggrieved inasmuch as relaxation allowed to his neighbour was not allowed in his case. In this context, the concept of negative equality as fortified by the Hon ble Supreme Court in State of Bihar v Kameshwar Prasad Singh AIR 2000 SC 2306 may be referred to:

13 The concept of equality as envisaged under Article 14 of the Constitution is a positive concept which cannot be enforced in a negative manner. When any authority is shown to have committed any illegality or irregularity in favour of any individual or group of individuals others cannot claim the same illegality or irregularity on ground of denial thereof to them. Similarly wrong judgment passed in favour of one individual does not entitle others to claim similar benefits. In Gursharan Singh & Ors. v. NDMC & Ors. [1996 (2) SCC 459] the Apex Court observed: "Neither Article 14 of the Constitution conceives within the equality clause this concept nor does Article 226 empower the High Court to enforce such claim of equality before law. If such claims are enforced, it shall amount to directing to continue and perpetuate an illegal procedure or an illegal order for extending similar benefits to others." Thus the contention of appellant, claiming parity with others who were left out from operation of law, is flawed per se. Regularization or compounding of an illegal act is a concession, which cannot be claimed as a matter of right. However, the reasons for decision to grant/withhold concession of regularization to an applicant squarely fall within the purview of Section 4(1) (d) of the RTI Act, 2005, and an affected individual can seek reasons for decisions affecting him. The appellant is aggrieved since her numerous requests seeking regularization of her property did not find favour with SDMC. As a result, 25 RTI applications were filed by the appellant seeking voluminous information in certain cases but primarily focussing on SDMC s decision on regularisation of buildings in her area i.e. Ashok Nagar. Upon the direction from the Commission to refocus the repetitive & scattered queries, the appellant agreed to focus on 5 major issues, which are reproduced hereinafter: 1. Details of actions taken alongwith dates against unauthorized construction with respect to the properties 25/2 and 25/3 in Ashok Nagar area and the current status regarding regularisation of respective properties. 2. Information regarding the status of application filed for regularisation of 25/3, Ashok Nagar and the reasons for delay thereof since the

14 adjacent buildings with similar dimensions and similar action taken against, has already been regularised. 3. Copy of the petition of Ishwari Devi in court, alleging the unequal treatment meted out by the MCD with respect to action taken against similar nature of unauthorized construction different buildings. Since MCD would have responded in court to the charges levelled and which are similar to the nature appellant has filed, there is a reasonable ground for asking the copy of the petition. 4. Information regarding action taken report by the MCD against 20 properties in the area on the basis of complaint filed by the SHO in the area. The appellant agrees to down the query to 20 as agreed by the representative of the appellant from 86 as mentioned in original RTI application. 5. Copy of SDM letter sent to MCD regarding property 25/3, Ashok Nagar. The respondent CPIO shall provide complete information on the aforesaid points to the appellant within 3 weeks of the receipt of this order under intimation to the The appeals are partly allowed with the above directions. (Yashovardhan Azad) Information Commissioner

15 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 (R.P.Grover) Designated Officer Copy to:- Public Information Officer under RTI Executive Engineer-(Bldg.-I) / West Zone, South Delhi Municipal Corporation, Building Department, West Zone, Vishal Enclave, Rajouri Garden, New Delhi First Appellate Authority under RTI Superintending Engineer-I / West Zone, South Delhi Municipal Corporation, West Zone, Zonal Office Building, Vishal Enclave, Rajouri Garden, New Delhi Public Information Officer under RTI Executive Engineer-(Bldg.) / West Zone, South Delhi Municipal Corporation, Building Department, West Zone, Vishal Enclave, Rajouri Garden, New Delhi Public Information Officer under RTI Assistant Law Officer / West Zone, South Delhi Municipal Corporation, West Zone, Zonal Office Building, Vishal Enclave, Rajouri Garden, New Delhi First Appellate Authority under RTI Deputy Commissioner / West Zone, South Delhi Municipal Corporation, West Zone, Zonal Office Building, Vishal Enclave, Rajouri Garden, New Delhi Smt. Kamla Devi House No. : 25/3, Ashok Nagar, Tilak Nagar, New Delhi