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  1. While hearing the 2nd appeal, Central Information Commission decided that disclosure of information in relation to unauthorized construction and encroachment does not require clearance from any third party. The commission retreated that in a number of decisions, the CIC has held that when appellant seeks the sanctioned building plan of any third party, public authority should provide the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. If you want to file RTI online, do read our guide here on how to file RTI Online. Earlier NDMC has denied information by invoking section 8 (1) (j) of the RTI Act on the ground that the sanctioned building plan and other information sought in the RTI application is personal, while the Appellant stated that due to the unauthorised construction, extensive damage was caused to his house. Appellant further stated that the house was inspected by a highly qualified Structural Engineer (M. Tech in Structural Engineering) at his request by the Institution of Engineers (India), who opined “The cracking of roof slab has seriously affected the safety of the house. The structural cracks are expected to widen further or new cracks may develop if the earth under the foundation is not yet fully settled, thus making the building at A-1/9 more unsafe. These cracks may be disastrous in the event of an earthquake. The building itself may collapse. The ideal solution would be to demolish and reconstruct the affected portion of the building at A-1/9 which is indeed cumbersome and very costly. Repairs may be attempted by injection grouting with non shrink cement grout by the experts in the field”. The appellant is aggrieved as his house is damaged because of construction on a neighbouring plot and is seeking compensation for the same. Unauthorized construction and encroachment does not require clearance from any third party The Commission directs the respondent to provide complete information in relation to Unauthorized construction and encroachment. As regards to the sanctioned building plan, the Commission directs the respondent to provide to the appellant the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. The Commission also directed PIO, EE (B-II) and PIO, EE (B-I) /CLZ of NDMC to submit Written Submissions, latest by 5th September, 2014, to show cause why penalty should not be imposed on him under Section 20 (1) of the RTI Act, for not providing the information within the prescribed period under the RTI Act. CIC further recorded that: The Appellant has clearly been harassed and has had to file the first and second appeal completely unnecessarily. Because of the inept handling of this RTI Application this has occurred. Harassment of a common man by public authorities is abhorring and legally impermissible. Nothing is more damaging than the feeling of helplessness and specially when a senior citizen is the victim. Many instead of complaining would succumb in such circumstances. Therefore the award of compensation in such cases is called for in the interest of justice. The Commission awards compensation of Rs.10,000/- to be paid to the Appellant under Section 19(8) (b) of the RTI Act for the loss and detriment suffered by him in getting the information. The case citation is available here: Maj. Gen. Baldev Kumar Vs NDMC You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  2. As reported by ASHWINI SHRIVASTAVA at news.outlookindia.com on April 12, 2011 In a bid to speed up its probe, the CVC has asked Chief Vigilance Officers of government departments to prepare a list of officials who were allegedly involved in corruption while executing Commonwealth Games related projects. It has also asked all civic and construction agencies to put documents related to the Games works carried out by them on CVC's website. A special team of the Commission probing the Games related work for alleged graft has found evidence against senior government officials for rigged tender process, undue haste that led to supply of inferior quality products and poor construction of infrastructure related works. Sources said the Commission will make a department-wise list of such 'tainted' people who were involved in the corrupt practises to take speedy corrective action. "There have been several complaints from Non-Government Organisations and whistle blowers claiming that host of government employees were involved in corrupt practises. We have sent the complaints to concerned CVOs for investigation and report," a CVC official said. He said a complaint has also been sent to the CVO of Sports Ministry to probe the role of certain incompetent officials involved in carrying out infrastructure related works. Sources said the CVC has found series of financial irregularities on part of certain government employees from departments like Central Public Works Department (CPWD), Public Works Department (PWD), Municipal Corporation of Delhi (MCD), New Delhi Municipal Council (NDMC), Delhi Development Authority (DDA) and Games Organising Committee among others. They said the watchdog has received a number of complaints alleging that various "incompetent" people were involvement in several projects that led to unjustified cost escalation and corruption. The move assume significance as Prime Minister Manmohan Singh appointed High level Committee under the chairmanship of former Comptroller and Auditor General V K Shunglu has found series of wrong doings by government officials. The Committee has faulted sacked OC chief Suresh Kalmadi and Secretary General Lalit Bhanot for their alleged involvement in irregularities. Besides Delhi Lt Governor Tejinder Khanna and Chief Minister Sheila Dikshit were blamed for alleged inadequacies in CWG projects. According to an RTI filed by PTI, the Commission is looking into at least 40 CWG-related construction and procurement works carried out by different government agencies for alleged financial irregularities. An analysis by Chief Technical Examination Wing of CVC had earlier found alleged financial and administrative irregularities worth about Rs 2,500 crore in 16 construction and procurement projects. Six of them were done by PWD, 3 by MCD, 2 each by CPWD, DDA, NDMC and 1 by RITES, a Government of India Enterprise, a CVC report said.
  3. What is the policy of MCD or NDMC in Delhi regarding allowing residents or non-residents parking their cars on footpaths, particularly on Main roads like Asiad Games Village Road? The footpaths were created and well designed during CWG. To allow pedestrians to use the footpaths instead of walking on main road and to not allow people from parking their cars on footpaths, pillars were fixed on these well designed and tiled tracks. However, now we find that the residents have uprooted the pillars and started parking their cars on the footpaths. What is happening? Why the agency entrusted to keep the pedestrians walkways free not removing these obstructions and fining the culprits?
  4. amit.sharma

    Novice at CIC

    I have filed my first complaint with Registrar of CIC. Today I received acknowledgement slip for my Speed Post. Now WHAT? How do I know serial number of my complaint? How do I track progress of my complaint with CIC? How much time will it take? Do I need to send reminder, etc to CIC for early progress? Where do I get answers to such simple questions from a first timer like me? Thank you.
  5. As reported by Himanshi Dhawan in timesofindia.indiatimes.com on 14 August 2010: Put projects info online, says CIC - India - The Times of India Put projects info online, says CIC NEW DELHI: With a spate of reports indicating corruption in Commonwealth Games projects and contracts, the Central Information Commission (CIC) has asked Delhi government and NDMC to put online information related to tenders, work awarded, consultants appointed and deadlines. Taking cognizance of "disturbing" reports about corruption in Games projects, information commissionerShailesh Gandhi wrote to the Delhi chief secretary and NDMC chairperson to put up on the website information relating to tenders, nature of work and details of appointment of consultants/NGOs with regard to implementation of Commonwealth Games projects. While Delhi government has been asked to comply by September 15, NDMC has been given a deadline of August 30. The commission asked the state government to comply under Section 4 of the RTI Act that provides for voluntary disclosure of information by a public authority. Gandhi said, "The government has paid very little attention to the requirements of Section 4 and its implementation. If details of the money being spent on CWG projects, their deadlines, the terms and conditions of contracts had been put on the website and continuously updated, the brazen purchase of things at ten or twenty times their worth may not have been possible." He added that people would have had the chance to sound an alarm or questioned authorities if anything brazen was being done. In his letter to Delhi chief secretary Rakesh Mehta, Gandhi said, "It has come to the commission's notice that a lot of information relating to tenders issued for the Commonwealth Games and other developmental work in Delhi in the last five years is not available in the public domain and disclosures under Section 4 of the RTI Act have not been made in this regard." He pointed out that agencies like PWD, rural development, urban development, Delhi Jal Board, DSIDC and MCD had not made certain disclosures that they should have. CWG contracts and tenders have come under the scanner with CAG and CVC closely looking at the tenders awarded by agencies like PWD, NDMC and CPWD.
  6. As reported by Hamari Jamatia in expressindia.com on 07 SEptember 2010: CEC tells agencies to spill tender beans - Express India CEC tells agencies to spill tender beans New Delhi The Central Information Commission (CIC) has taken various civic agencies to task for maintaining undue secrecy with regard to information on issuance of tenders. Not content with asking the NDMC, MCD, PWD and the Delhi Government to give out information on just Commonwealth Games-related tenders, the CIC has now directed them to reveal the details of all such deals they have made in the last five years. In a letter to the agencies on August 10, the CIC asked them to make the information public on its website. Stating that a lot of information on the agency is not available on the public domain, as stipulated under Section IV of the RTI Act, it said that such an action would not only effect more “transparency” in its dealings but also “reduce the load of RTI applications”. Specifically highlighted in the letter was a request that penalties imposed on companies, which have not been able to complete work, be made public. In the letter sent to the NDMC, the CIC has asked it to disclose information on the nature of work given, date of tendering, estimated value of tender, number of tenders received for a particular project, details of the entities that had applied for the tender, the chosen contractor, rate of awarding work and estimated “life-span” of the completed work. The agencies have been asked to furnish all the information required by September 15. On August 8, the CIC had asked the agencies concerned to reveal information on tendering processes involving Commonwealth Games projects.
  7. Recently Central Information Commission spared the erring CPIO from Penalty because of his incompetence. The relevant portion of the decision is reproduced here. "We have found above that the information sought by complainant Ms. GitaDewan Verma has not been provided. Although complainant has not pleaded forpenalty the matter has been examined u/s 20 (1). The response both from theEstates Department and the Department of Architecture & Environs and Director(Projects) though incomplete has been given on time. The issue before us therefore, is whether the request for information has been “malafidely denied” orincorrect and incomplete information “knowingly given”. As a consequence of having heard all sides in this matter we are of the view that the failure hasresulted from incompetence and not malafide. Therefore, while no penalty will lie, Chairman, NDMC is directed to so streamline the processing of applicationsunder the RTI Act as to obviate such a systemic failure in future and to ensurethat all such information as is mandated u/s 4 (1) sub-sections (a) (b) © and (d)is actually placed on the website, so that civil society is saved from the necessityof having to move applications under the RTI Act to obtain information whichshould normally be in the public domain." Announced in the hearing. Notice of this decision be given free of cost to the parties. (Wajahat Habibullah) Chief Information Commissioner 30-1-2008 Full Decision is available here. http://cic.gov.in/CIC-Orders/Decision_30012008_02.pdf
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