Which officer in MCD is responsible for replying the above?

CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26161796 Decision No CIC/SG/A/2011/003343/17098 Appeal No CIC/SG/A/2011/003343 Relevant Facts emerging from the Appeal: Appellant : Mr Sachin Sapra, F-18 B, Rajouri Garden, New Delhi-110027 Respondent : Mr Naurang Singh Public Information Officer & SE-I, Municipal Corporation of Delhi O/o The Superintending Engineer (WZ)-I, Vishal Enclave, Rajouri Garden, New Delhi-110027 RTI application filed on : 17/06/2011 PIO replied : 21/07/2011 First appeal filed on : 19/07/2011 First Appellate Authority order : 30/08/2011 Second Appeal received on : 15/11/2011 Sl Information Sought Reply of the PIO 1 Provide copy of agreement/mou/noc/any document including follow up letters/documents/amendment related to such agreement/mou) on the basis of which MCD has allowed IGL to dig Request information is enclosed pits in Rajouri Garden for gas pipe line 2 How many PITS have been allowed to be dug up by MCD? Please provide details in respect of entire Rajouri Garden Further also provide commencement of project duration of digging project and date of completion of this project 3 Who is responsible to remove malba from digging site, IGL or MCD? In how many days malba has to be removed? If IGL has to remove malba and if fails to do so then what action MCD can take against IGL for not doing so? And what action has MCD taken taken against IGL for non-removal of MALBA from the dug up sites? What steps has MCD taken to remove Malba from dug up sites? Please provide evidence that IGL digging malba has been removed from the digging sites 4 I has filed online complaint no 91112900010d dated 18/02/2011 on Hon ble LG s website MCD has replied on 20/05/2011 as follows: 1 Leveling of pits has been done 2 Malba from road site removed 3 Tender is under process of award However, some pits have also been restored CC rest Of the pits will be restored soon a ) b ) Which officer in MCD is responsible for replying the above? Please produce documentary evidence supporting that leveling has been done and Malba has been removed from roadside? The reply to query no2 is enclosed IGL, after the settlement of cut surplus malba is to be removed by IGL After pursuance by the field staff necessary malba has been removed by IGL Office of Executive Engineer (M)-I/WZ You can visit this office of any working day with prior Page 1 of 6

c ) What is the status of tendering process? intimation so that site may get checked physically Estimate is under sanction 5 I had filed online complaint no 911119o1120 dated 26/1/2011 on Hon ble LG s website MCD has been replied on 14/03/2011 as follow :- The work has not yet been completed by IGL However, proper leveling and dressing and dressing of cut will be done within weeks time a) Which officer in MCD is responsible for replying the above? Office of EE(M)-l/WZ b) Please produce documentary evidence supporting that dressing that dressing of cut will be done within weeks time and date of such cut c) How much amount has been deposited by IGL with MCD for the purpose of restoration of DUG up roads? Also provide the basis on which this amount has been calculated? 6 When would MCD start restoring/repairing dug roads? Provide complete details of steps taken by MCD (till the dated of providing information) for restoring/ repairing dug up road? 7 How many rooms have been recently constructed behind EE-M1 office at MCD dispensary compound? Please provide total planned expenditure done on such construction? Please provide tender award dale and copy of order awarding tender What is the date of start of project? And what is the date of completion of project? 8 Who is responsible for removal of malba/building material/loose earth lying on storm water drain jaali outside boundary wail MCD Compound opposite rear side of plot no s F-19, F-18, F-17 & F-16 Rajouri Garden? When would such malba be removed? 9 What is the length and width of storm water drains on major sudesh kumar road and Maharishi Dayanand Marg? 10 11 12 13 Who is responsible for de-silting of above drains? How much time/days and manpower will be taken to de-silt such drains? What is MCD s plan of de-silting such drains before onset of monsoon of 2011? How much de-silting work has been completed till the date of providing the information? Which officer in MCD checks whether de-silting has been indeed done? How can MCD prove to citizens of colony that de-silting was actually done? Does MCD take pictures/video film of de-silting work? How much expenditure was done on de-silting above 2 roads in last year? How much staff is engaged in Rajouri Garden for de-silting of drains on above 2 roads? Does this staff also carries oy de-silting on other You can visit this office of any working day with prior intimation so that site may get checked physically Copy enclosed The work will be carried out after the award of contract 1 Copy of WO and schedule having complete detail of proposed work is enclosed (Two x 10 of rooms) 2 DOS 230410 DOC work still going on Works department shall removed the malba/building material/loose earth within 10 days Length & Width of Major Sudesh Marg are 1900 m & 090 m respectively exists on both side and Maharishi Dayanand Marg is approx 600 mt length & 090 mt in width Pertains to DEMS De-silting is checked regularly by the staff of Zone and Senior officers The photographs of desilting also taken some times videography is also made It is done by the departmental labour These road as to be de-silting by DEMS deptt and such the Page 2 of 6

14 15 16 17 18 19 20 21 22 23 24 25 26 27 roads in Rajouri Garden if yes the please provide names of such roads After de-silting, in how many days silt is removed from the site and who is responsible for removal of such silt? In which year & month Major Sudesh Kumar Road was dense carpeted? How much total expenditure was done and from which FUND? Please provide copy of tender awarding letter/order When were following roads last dense carpeted please provide year, month, length of the road, expenditure done and when would these roads be again dense carpeted? a) Shakti Mandir road b) Maharishi Dayanand Marg When were above two roads last repaired? Please provide date (s) of such repairs? What is the width of pavements on Shakti Mandir Road adjacent to: a) Entire 42 Block stretch b) J-l Block c) J Block Why there is no pavement adjoining A 2 Stretch and J block stretch (on above road) falling after Main Market crossing (while coming from Najafgarh road) When were these pavements removed by MCD and why? Is width of pavement on above road uniform, Yes or No? If no then what is the reason for the same? What is the width of pavements on Major Sudesh Kumar Road? What is the standard on which MCD rely while deciding about the width of the pavement on a 80 feet wide ROW Please provide a copy of the document in which such standard is mentioned What steps would MCD take to construct proper pavement on Shakti Mandir Road and in how much time? Whether MCD has given permission for following encroachment on pavements/road at Major Sudesh Kr Rd(MSK Rd), Maharishi Dayanand Road(MD rd) and Main Market Road(MM Rd) a) BSES Transformers b) Police Beat Boxes c) Urinals d) Iron Press booth, e) goods confiscated by MCD health/licencing department, f) vehicles etc Under which provision/policy of MCD law above encroachments are permissible on pavements and road? Please provide copy of such document, circular etc Does MCD receives revenue from BSES & Delhi Police for above encroachments? To whom does room (used by bses and adjacent to EE-1 M office) belong? Who is responsible for its maintenance? Is construction of ramp between road and pavement permissive on MSK Rd to facilitate parking of vehicles on pavement? If not then what action can MCD take against such ramps? information shall be provided by DEMS deptt Approximately within one week Dense Carpeting was done in the year 2010 Copy attached, The roads were dense carpeted above time year back and the detail desired can be inspected in this office during any working day The roads are repaired departmentally by available men & machinery regularly (a) The width of existing footpath is 180 mtr approx on one side (b) Nil (c) Nil Concerned record is not available in the office Yes, as per the availability of the sanction plan Yes, as per the availability of the sanction plan The proposal has already been sent for want of budget No permission had been given except for urinals being r/o property No encroachment is permissible No BSES Not permissible Action will be taken as per programme with the Police Force Page 3 of 6

28 29 EE-I M in one of its RTI reply had stated that MCD is in the process of taking over open area of 1 block community centre Please provide complete documentary details of such takeover Has MCD taken over open area of J block community centre if yes then from which date, what area, for what purpose and for carrying out what all services Please provide names of various fund from which MCD does development work in Rajouri Garden WARD Provide fund allocated from each find and find actually spent from each such fund for financial years 08-09,09-10 & 10-11 Grounds for the First Appeal: Incomplete and unsatisfactory information provided by the PIO in due course Open area has not yet been handed over by DDA till date List of various funds are 1 89/1157 2 XL-VIII-S 3 XL-VIII-Z-a 4 XL-III-D-IV and other non plan etc The detail of each head shall be provided after depositing Rs 40 @ Rs 2/- per copy Order of the First Appellate Authority (FAA): The case was taken up on 24811 The appellant was not present The PIO /SE-I was present The appellant filed the appeal that he has not received the information The information has been sent by the PIO to the appellant on 26711 after filing the appeal The modified reply has also been sent to the appellant on 24811 Grounds for the Second Appeal: Unsatisfactory reply I Point I:- Permission was granted on the basis of DEPOSIT & DIG POLICY of MCD Copy of policy was not provided Point 3: a) PlO states that IGL is responsible for removal of Malba whereas MCD own estimate appended to reply shows that MCD has charged Rs 377,572 to IGL For removal of surplus malba It is seen information provided is incorrect and contradictory h) No information provided in respect of following: - Days in which malba has to be removed Action if malba removing authority tails to remove malba - steps taken by MCI) to remove malba, - evidence of malba removal IT IS TO BE POINTEI) OUT THAT INFORMATION PROV1I)EI) IS INCORRECT AS MALBA HAS NOT BEEN REMOVED FROM MANY PLACES PLEASE SEE ATTACH El) P URF 3 Point 4:- a) Name officer not provided, b) Required information not provided e) Required information not provided 4 Point 5: a) Name officer not provided, h) Required information not provided 5 Point 6:- Required information not provided (Complete details of steps taken by MCD) 6 Point 7:- Information sought was for construction at Rajouri Garden but tenders at pages 12 to 17 and at pages 33 to 35 are for construction at Subhash Nagar which is a different municipal ward 7 Point 10:- Required information not provided by AC MCD WZ alter RTI was tfd by DEMS to it 8 Point I I : Required iii Formation not provided Page 4 of 6

9 Point 13:- Required information not provided by AC MCD WZ alter RTI was tfd by DEMS to it 10 Point 16: Contradictory information provided in 2 separate replies Complete information not provided Month & ear oldense carpeting not provided II Point I 7:- Information provided is INCORRECT as pictures of road and affidavits (P1 entinent residents of Colony proves that roads have not been repaired as stated by HO 12 Points I $ to 22:- Information incomplete/vague/not provided/evasive 13 Point 23 & 24:- Information (policy, scheme etc) regarding permission fhr allowing urinals and press booth on Footpath not provided 14 Point 28:- Documentary details not provided 15 Point 29: Complete information not provided further PlO has to provide information free of cost as information has been provided after 30 days Relevant Facts emerging during Hearing: The following were present Appellant: Mr Sachin Sapra; Respondent: Mr Ajay Gautam, EE on behalf of Mr Naurang Singh, PIO & SE-I; Certain information as detailed below has not been provided to the Appellant: 1- Query 10: The Respondent states that de-silting of drains less than 04feet which is in existence on these roads with the available labour and no contract is given to any outside agency and more over no specific expenditure is occurred by the Department for de-silting The Commission directs the Deemed PIO Mr Ajay Gautam to obtain the photographs of the desilted drains from DEMS and send them to the Appellant 2- Query-16: A copy of the work order will be provided 3- Query-23 & 24: The Respondent states that urinals have been constructed and renovated as per requirement of DEMS by MCD He also states that five iron press booths in each assembly were made as per the then Chief Minster Mr Mandan Lal Khurana s orders He states that locations were identified by Delhi Dhobi Samaj but there is no such order available on the records He states that there are no permissions on record for BSES Transformers, Police Booth, Good confiscated by MCD Health/Licensing Department 4- Query-28: Photocopies of the communications with DDA showing that the process has probably been stopped to be provided to the Appellant 5- Query-29: The PIO has provided the information but will provide the names of these funds The Commission would like to note that the Appellant has sought slightly complex information on 29 queries The Commission recognizes that the nature of queries would be difficult to answer by an average PIO The Commission would requests applicants to think in terms of what records are likely to be available and seek information accordingly The Commission recognizes that the appellant is seeking information in public interest and is certainly a public spirited citizen Decision: The Appeal is allowed The PIO is directed to provide the information as directed above to the Appellant before 15 February 2012 This decision is announced in open chamber Notice of this decision be given free of cost to the parties Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act Shailesh Gandhi Information Commissioner 25 January 2012 Page 5 of 6

(In any correspondence on this decision, mention the complete decision number)(pre) Page 6 of 6