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  1. The RTI applicant filed an RTI to obtain information of how many illegal diesel buses are stopped and action taken against them by Transport Deptt, GNCTD, Delhi. Transport Department replied with a general order stating that the Enforcement Branch is taking action against the buses as and when violation of the rules is done by the private buses. But the Central Information Commission while hearing the second appeal observed that this is a general order, not the specific reply to the RTI applicant complaint about which the applicant has sought information. According to RTI Applicant Mr. Kuldeep Singh the diesel buses cannot enter within 90 Kms of Delhi, but still they are plying in Delhi. According to him there are no authority stopping them and the case of Nirbhaya is one such example. Diesel buses cannot enter within 90 Kms of Delhi The case can be read here: Sh. Kuldeep Singh Vs. Transport Deptt, Delhi The RTI applicant sought certified copy of inspection report, FIR copy , copy of note sheet of officials on dereliction of duties, etc. Being unsatisfied with the reply of PIO, the appellant preferred First Appeal. FAA by his order dt. 28­01-2013 dismissed the appeal with the observation that the appellant may inform Enforcement Branch if he still notices such vehicles plying illegally to assist Enforcement Branch. This article has been created from the decision posted over CIC website. If you have any information about the legal provisions of the bus in Delhi, do let us know. There are many discussions on the issue of Section 3 and Section 19 (3) over forum.
  2. Reported by Shikha Sharma in indianexpress.com on 16/12/2013 Rape relief: Only 24 beneficiaries - Indian Express Rape relief: Only 24 beneficiaries Nearly two years later, only few have benefited from the Delhi government's Rs 15-crore compensation scheme to help rehabilitate victims of rape, acid attack, trafficking and child abuse. According to an RTI filed by Pratidhi, a project run by Delhi Police with Association for Democracy, a few more than two-dozen victims have received compensation so far. What is more, the office of the divisional commissioner, which disburses the amount, doesn't have a consolidated record of the number of beneficiaries. Section 4(a) of the RTI Act mandates every public authority to maintain records. Under the scheme, the Divisional Commissioner operates the fund and Delhi Legal Services Authority (DSLSA) is empowered to decide the amount for compensation. "I have allotted the money to deputy commissioners who disburse the amount. All data is maintained with individual district commissioners who make the payments. That is why the data is scattered," divisional commissioner of Delhi Dharampal said. But only a few commissioners seem to be in possession of the data. "Of the 65 sub districts, only 8 seem to have information. According to those figures, 24 beneficiaries have received a total sum of around 30 lakh so far. In the East district alone, there are at least 10 victims who haven't got any relief after 6 months of the incident," Raaj Mangal, director of Pratidhi, said. After the December 16 gangrape, Delhi government had decided to amend the scheme to expedite the process of getting relief. The changes were recommended by the DSLSA and the draft was submitted to the government in February. But, since February 2013, no action has been taken as the draft has got stuck between the the home and law departments.
  3. As reported at samaylive.com/news on 04 Sept 2009 New Delhi: The Central Information Commission (CIC) has directed the Delhi government to put up information on the utilisation of the legislators' development funds on its website. The decision came on a complaint filed by an NGO, Satark Nagrik Sangathan (SNS), which has demanded that information about development funds should be available in the public domain in compliance with the provisions of the Right to Information (RTI) Act. The CIC also issued a show cause notice to S.K.S Yadav, the public information officer (PIO) of Delhi's urban development department, asking why he should not be penalised under the RTI Act. The NGO, which had prepared "report cards" on the performance of all legislators and how they had used their development funds prior to the Delhi assembly polls December 2008, had complained to the CIC that they faced a number of difficulties and delays in obtaining the information. "The PIO, S.K.S Yadav, is guilty of not making any effort to meet the Section 4 requirements (of the RTI Act) even after reminders from the complainant. It also appears that all the information has been provided to him and yet he stubbornly refuses to ensure that this is displayed as per the requirements of Section 4 (of the RTI Act). This is a violation of the RTI Act," RTI activist turned Information Commissioner Shailesh Gandhi said in his order Thursday. Yadav was also directed to ensure that the information is put up on the website of the Delhi urban development department, which is the nodal agency for implementation of the Delhi Member of Legislative Assembly Local Area Development (MLALAD) Scheme, by Sep 15. "Over Rs. 700 crore is allocated under the Delhi MLALAD Scheme over a five-year period, yet the government has not taken any steps to pro-actively inform people about the existence and utilisation of these funds. As a result, these funds are often spent on non-priority works while basic development needs of people remain largely unaddressed," Anjali Bhardwaj of SNS told IANS. "Information accessed using the RTI Act shows that in many constituencies, funds have been allocated for constructing fountains while residents face acute water shortage," she said. "We had just requested the CIC to direct the government that project-wise information about MLALAD Scheme should be put up on the government's website and on boards in each constituency in compliance with the RTI act," Bhardwaj added. She said the CIC order will ensure that development funds are utilised in a "consultative, participatory and accountable manner." "Having access to information on these funds will enable people to meaningfully engage with their legislators to ensure that funds are spent on their area's most pressing development needs," Bhardwaj said. Source: Delhi to put details of legislators' development fund online :: Samay Live
  4. As reported at business.rediff.com on April 15, 2010 About 10 acres of prime land in the national capital have been given at a meagre rent of Rs 150 per year! The Delhi [ Images ] government has allotted the land at those rates to a joint-venture between a society and a private player for a Drivers' Training Institute, according to an RTI reply given by the Transport department. The case came before the Central Information Commission as an RTI applicant Virender Pal Gupta's application seeking details of the "Management Agreement" of Society for Drivers Training Institute (SDTI) -- a joint venture between Ashok Leyland [ Get Quote ] and Transport Department -- was turned down. "The appellant claims that 10 acres of land with a building has been given to this entity. The PIO (Transport Department) has informed the appellant that Rs 150 per year is charged as rent for this," Information Commissioner Shailesh Gandhi said in his order. After going through the documents presented before it, the Commission noted that entire profit or loss in the venture would be borne by SDTI which is founded by Ashok Leyland Limited. "A perusal of the management agreement does not appear to reveal how the profit, if any, of the entity would be shared...A plain reading of this indicate that the profit or loss would be borne by SDTI which is said to be society founded by a private company M/s Ashok Leyland Limited and 10 acres of land and a monopoly franchise has been given to it by Delhi government," Gandhi said. The Commission directed the PIO to give a copy of any other agreement on the financial participation to the appellant and the Commission. "If there is no agreement on the financial participation the PIO is directed to give photocopies of the proposal evaluation which may have been done before making this agreement to the Commission and the appellant," Gandhi said. Source: Delhi govt gives land at a rental of Rs 150/year!: Rediff.com Business
  5. As reported at ptinews.com on 03 Mar 2010 New Delhi, Mar 3 (PTI) The Central Information Commission has issued a show cause notice to deputy director of the Education Department for not providing information to the applicant about implementation of quota for economically weaker section in Modern School here. Information Commissioner Shailesh Gandhi while issuing a stringent order said the Deputy Director did not obey orders of his senior officer to provide information to an RTI applicant which "raises reasonable doubt that the denial of information may also be malafide". The case relates to an RTI applicant Sunita who sought to know several information about Modern School. In her application she asked if the school was on government land and if economically weaker section quota is implemented while giving admission. When no information was received, she approached the higher authorities in the department with her first appeal. Source: fullstory
  6. As reported by Nivedita Khandekar at hindustantimes.com on February 28, 2010 Possibly in a first-of -its-kind action, the Anti-Corruption Branch (ACB) of Delhi government has registered an FIR in connection with rampant illegal construction across the city, especially in the jurisdiction of the Municipal Corporation of Delhi (MCD). The ACB received a complaint from Information Commissioner Shailesh Gandhi, who deals with Delhi and MCD related cases at the Central Information Commission (CIC). Gandhi’s complaint (HT has a copy) mentioned details of several proceedings as part of CIC hearings in which MCD officials admitted to have taken no action even when complainants wrote to them. He also sent them copies of three CIC orders and a list of 74 properties in two MCD zones in Shahdara. “It is clear from the scale and extent of the illegal construction that they could not have been carried it out without some level of collusion with MCD officials,” Gandhi’s complaint read. “It appears there is a modus operandi to ensure that illegal buildings can be made without any hindrance,” he said. “The builder starts constructing the building -- most likely in violation of the law -- and the officials turn a blind eye towards it. No cognisance is taken of any complaint,” he observed. A case has been registered under section 13/1 (d) of Prevention of Corruption Act. “The FIR mentions 141 properties and other illegal construction across the city, both buildings being built and already built,” Deputy Commissioner of Police (ACB) I.D. Shukla said. The officials would investigate all government land where construction has been carried out and also evacuate properties (government land, which earlier belonged to people who left India for Pakistan at the time of partition). “People can send in any information about illegal construction activity to us with detailed evidence at P. O. Box 8610, Civil Lines Post Office, Delhi, PIN--110 054,” Shukla added. When contacted, MCD Commissioner K.S. Mehra refused to speak on the issue. Source: MCD officials allegedly involved, case lodged- Hindustan Times
  7. As reported at sify.com/news on 06 December 2009 This is hard to believe, but there is not a single legally authorised stand for the 55,000-odd auto rickshaws registered in the capital, says a suit filed by an NGO that is working to improve the lives of auto rickshaw drivers. Admitting the Public Interest Litigation (PIL) suit filed by Rakesh Agarwal, secretary of the NGO NyayaBhoomi, the Delhi High Court has issued notices to the government's Transport Department and to the traffic police, asking them to reply by the next hearing scheduled Jan 13. Through an application under the Right to Information Act, Agarwal had found from the Transport Department this October that there was not a single legally authorised stand for the vehicles used by thousands of commuters every day. In 2004, the traffic police notified 314 auto rickshaw stands, but that did not work because the municipal authorities did not put up any sign boards so that commuters could use them. Anyway, the addresses given for the stands were 'vague', Agarwal said. The notification said that the stands would be at Katwaria Sarai, Central Market of Lajpat Nagar, or the parking lot at Nehru Place, without specifying the exact spot. So that did not work. Now, the police do operate stands at the railway stations and some busy markets, but they do not have any legal sanction. 'The police have no power to notify auto stands,' said Rajiv Garg, the lawyer who filed the PIL on behalf of Agarwal. The power to do that lies with the Delhi government. Joint Commissioner of Delhi Traffic Police S.N. Srivastava declined to reply to this, saying his department had already filed an affidavit on this issue in the high court, and he could not say any more. 'I wonder why there is no stand for auto rickshaws, but so many for taxis and even some for tongas,' Garg said Source: 'Not a single legal auto stand in national capital'
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