CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi

Transcription

1 CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi F. No.CIC/LTGSE/A/2017/ F. No. CIC/GNCTD/A/2017/ F. No.CIC/DLSEC/A/2017/ F. No.CIC/YA/A/2016/ Date of Hearing : Date of interim Decision : Appellant/Complainant Respondent : Mr. Ravikant : (I) Corporation Through: Sh. R S Bharti, EE,M-III Sh. R K Sharma, AE (II) Deptt of Urban Development Through: Sh. Ravindra Singh, Dy. Secy (III) Lt. Governor s Secretariat Through: Sh. Ashutosh Kumar, APIO/UDC (IV) Delhi Local Bodies Through: Sh. Mohit Sharma Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from appeal: RTI application filed on : & PIO replied on : - First Appeal filed on : First Appellate Order on : & nd Appeal/complaint received on : Information sought and background of the case: CIC/LTGSE/A/2017/ CIC/GNCTD/A/2017/ Vide RTI application dated , the appellant sought action taken on his application dated APIO, Lieut. Governor s Secretariat

2 transferred the RTI application to PIO, EDMC for providing necessary information. Having not received any information from CPIO, the appellant filed first appeal. The FAA vide letter dated advised the appellant to file an appeal before the FAA of the concerned department i.e. MCD (East). Feeling aggrieved, the appellant approached the Commission. CIC/DLSEC/A/2017/ Vide RTI application dated , the appellant sought action taken on his application dated Subsequently, RTI application transferred to PIO, EDMC for providing information. Having not received any information from CPIO, the appellant filed first appeal. The first appeal remained unheard. Feeling aggrieved, the appellant approached the Commission. CIC/YA/A/2016/ Vide RTI application dated , the appellant sought information regarding demolition of jhuggies of 19 block and 29 block Indra Camp Trilok Puri, Delhi Having not received any information from CPIO, the appellant filed first appeal. The FAA did not reply. Feeling aggrieved, the appellant approached the Commission. Relevant facts emerging during hearing: Both parties are present and made their respective submissions. The appellant explained that he sought information about the demolition of the slums in Indira Camp, Trilokpuri on The demolition rendered the applicant, who resided at E-19-29, Indira Camp, Trilokpuri, and many others like him homeless, shelter-less, and the children living in the slums lost their school and some even their families. The demolition of the houses of these slum dwellers was illegally carried out without giving notice to the occupants and later the occupants were even denied rehabilitation. Hence he sought to unearth the cause and the department which carried out this illegal demolition. He also information whether the department involved was penalised for such illegal action, the Constitutional rules behind the demolition, copy of notification given to the slum dwellers before demolition, rehabilitation and relocation action after the demolition etc. Records reveal that four RTI applications were filed by the applicant before different agencies like the office of the Lieutenant Governor, EDMC and DUSIB. Being dissatisfied with the responses received from the Public

3 Authorities, the appellant approached the Commission. The responses of these authorities were as follows: LG office: Transferred the RTI application to the PIO, MCD (East) and no further action was taken, on the premise that no information in this regard is held by them. DUSIB: None was present on behalf of DUSIB. It appears from records that DUSIB had simply transferred the RTI application to PIO/Dy. Director, DDA and vide a response dated had provided a copy of policy of MCD, which provides the guidelines for Relocation Scheme for jhuggi dwellers. By a letter dated , the DUSIB confirmed that as per records available in the SUR Branch, jhuggis of Indira Camp, Trilokpuri Delhi were not removed by their deptt. Likewise, the DDA by letter dated confirmed that demolition programme of was not carried out by the DDA. MCD/EDMC: The Respondent from MCD stated during the hearing that only the complaint of the appellant had been received at their office, no RTI application had been received. The RTI application as received by the PIO, HQ and had been transferred to DUSIB. Upon query from the Commission whether PIO, HQ, EDMC was certain that the demolition was carried out by DUSIB or by EDMC, the Respondent failed to provide any sanguine reply. Delhi Govt, Urban Development: The respondent appearing for Urban Development submitted a compilation of documents and stated that upon receipt of the RTI application they had transferred the same to the MCD and DUSIB considering that information sought by the appellant were held by these authorities. Deliberations revealed that information relating to 2001 could not be traced easily because at that point of time MCD was not trifurcated into the different zones and the upkeep, maintenance, relocation, removal and rehabilitation etc of slums and jhuggis were handled by MCD, not the DUSIB. It also transpired that appellant had in his quest for relevant information even inspected some records, none of which contained information about the location referred to by the appellant. Interim Decision: After hearing parties and perusal of record, the Commission notes with concern that an entire slum was demolished in 2001 and there appears no official documentation in this regard. The appellant has approached the LG office, Chief Minister s office, DDA, EDMC, DUSIB, Delhi Govt, Urban Development and each one of them have transferred the RTI application denying their involvement. The contention of the Respondents is unacceptable because the appellant has given a complete list with addresses of the jhuggi dwellers residing in Indra Camp, Trilokpuri in The Commission has perused the papers attached in the file in which the Delhi police in reply to a RTI query, has given out the names of the officers who

4 assisted in the demolition programme attaching a copy of the daily diary (Roznamcha) of Police Station Mayur Vihar. As per the information conveyed to the appellant by ACP, HQ, East District Delhi 2 ASIs, 9 Head Constables and 37 constables including police personnel were deployed in assisting the demolition programme on Their departure for P.S. Trilokpuri is recorded in the daily diary and the other important fact mentioned in the Roznamcha is that the entire bandobast is for the MCD. In addition the Deptt of Urban Development, GNCTD has clearly marked the RTI application to DUSIB and EDMC. DUSIB has clearly stated that they have not been associated with the demolition programme while the EDMC could not furnish a categorical reply. The Commission is inclined to believe that since the CPIO,EDMC was not in a position to ferret out the records of 2001 regarding the demolition drive, he provided an evasive answer. Since the information to be provided would require a thorough search of the records, the Commission directs the Deputy Commissioner, EDMC to provide the information with respect to the RTI queries of the appellant, because as the Administrative Head he will have easy access to the records and will be in a better position to co ordinate and facilitate the dissemination of information. The case at hand has not been dealt with sensitivity expected out of officials holding important post in civic bodies. Any demolition without giving any prior notice to the occupants as alleged by the appellant, is illegal and inhuman. Prima facie it has been established that EDMC carried out the demolition action and it was expected of the CPIO, EDMC should have atleast made efforts to trace the record for furnishing information instead of simply transferring from one department to another. The Commission is constrained to issue SHOW CAUSE Notice upon PIO, Headquarter, EDMC for evasion of responsibility and simply transferring the application without application of mind, thereby deliberately misleading and causing hindrance in the flow of information. The PIO/EE.M-III, Shakarpur, Sh. R S Bharti is directed to serve the Show Cause Notice upon both the Noticee, failing which he shall be held responsible for non compliance of the Commission s order. The Deputy Commissioner, EDMC as directed in the preceding paragraph shall provide information to the appellant within four weeks of receipt of this order, under intimation to the Commission. (Yashovardhan Azad) Information Commissioner

5 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. (R.P. Grover) Designated Officer Copy to:- Nodal Officer - RTI Cell, Lt. Governor's Secretariat, Raj Niwas, Delhi RAVIKANT House No.-30/112, TRILOK PURI, Delhi Delhi, New Delhi,NA Nodal Officer Administration / RTI Cell, DELHI URBAN SHELTER IMPROVEMENT BOARD (Government of N.C.T. of Delhi), (Administration Branch) A-Block, 2 nd Floor, Vikas Bhawan-II, Civil Lines, Delhi Deputy Director-(LM)-I & PIO, Delhi Development Authority, Land Management, B- Block, Ground Floor, Vikas Sadan, INA Market, New Delhi Deputy director-lmc) & PIO, Delhi Development Authority, L.M.C. Department, Vikas Sadan, I.N.A. Market, New Delhi Assistant Commissioner / HQ., First Appellate Authority under RTI Deputy Commissioner/HQ., Deputy Director-(SUR) & PIO, Delhi Urban Shelter Improvement Board (Government of NCT of Delhi), SUR Section, H-9, Vikas Kuteer, I. P. Estate, I. T. O., New Delhi Deputy Director-(LM)/EZ & PIO, Delhi Development Authority Land Management - East Zone, Barrack No.-06, Vikas Kuteer, I. P. Estate, I.T.O., New Delhi Executive Engineer-(M-III) / Shah-South, Corporation, M-III, Shahadara South Zone, School Block, Shakarpur, Delhi

6 Nodal Officer-(DRIA Brnch) PIO, Delhi Urban Shelter Improvement Board, (Government of NCT of Delhi, Punarwas Bhawan, I. P. Estate, New Delhi Nodal Officer RTI Cell, Department of Urban Development (Government of NCT of Delhi), 9 th Level, C-Wing, Delhi Secretariat, I.P. Estate, New Delhi Deputy Director-LB & PIO, O/o. the Director of Local Bodies, Directorate of Local Bodies (Government of NCT of Delhi), 9th Level, C-Wing, Delhi Secretariat, I. P. Estate, New Delhi Nodal Officer RTI Cell, Assistant Commissioner / HQ., Nodal Officer HQ. / RTI Cell, Corporation, Headquarters, Plot No.-419, Udyog Sadan, Patparganj Industrial Area, Delhi Nodal Officer RTI Cell, O/o. the Chief Executive Officer, Delhi Urban Shelter Improvement Board (GNCT of Delhi), Punarwas Bhawan, I. P. Estate, New Delhi Assistant Commissioner / HQ., First Appellate Authority under RTI Deputy Commissioner / HQ.,