के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/MCDND/A/2024/100499 Krishan Kumar .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, The CPIO Municipal Corporation of Delhi Office of the Executive Engineer(Bldg-I), Civil Lines Zone, 16, Rajpur Road, Delhi – 110054 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 22.04.2025 Date of Decision : 01.05.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 16.08.2023 CPIO replied on : 03.10.2023 and 04.12.2023 First appeal filed on : 09.10.2023 First Appellate Authority’s order : 20.11.2023 2nd Appeal/Complaint dated : 02.01.2024 Information sought:

1. The Appellant filed an RTI application dated 16.08.2023 (offline), PIO, MCD, Minto Road, New Delhi, seeking the following information:

“1 Whether the building owner/ occupant of property bearing No. 3587- 90 Main Road, Near Indiara Market, AryaPura, Subzi Mandi, Delhi (hereinafter called and referred to as 'Designated Property') complied with the MCD notice/letter bearing no. D-2818/EE(B)-I/CLZ(DB)/2021 dated 17.09.2021.

2. Whether MCD did any survey / technical check before issue of aforesaid notice dated 17.9.2021 w.r.t bearing no. 3587-90 Main Road, Near Indiara Market, Arya Pura, Subzi Mandi, Delhi ('Designated Property')? If yes, a copy of report be provided.

3. Whether the structural / architectural and / or other drawings of property bearing no. 3587-90 Main Road, Near Indiara Market, AryaPura, Subzi Mandi, Delhi ('Designated Property') have been approved /sanctioned by the MCD after the notice dated 17.09.2021? If yes, copy of approval / sanction letter be given.

4. Whether the MCD has checked / verified that the construction of property bearing no. 3587-90Main Road, Near Indiara Market, Arya Pura, Subzi Mandi, Delhi ('Designated Property') done so far is being constructed as per the sanctioned/ approved drawings/permissions? If yes, copy of the inspection / survey report be given. If no, the reason for not verifying be given.

5. Copy of ownership papers of property bearing no. 3587-90Main Road, Near Indiara Market, AryaPura, Subzi Mandi, Delhi ('Designated Property') in the records of the MCD.”

2. The CPIO furnished a reply to the Appellant on 03.10.2023 stating as under:

“Kindly refer to your application under RTI Act 2005 received in the department on 24.08.2023. In this regard, it is informed that the IPO an amounting of Rs. 50/- attached with your RTI application is not accepting in municipal treasury of Civil Line Zone, because as per the provision of RTI Act. 2005, only Rs.10/- is accepted in favour of Commissioner Municipal Corporation of Delhi. Hence the RTI application is being returned back along with IPO No. 93G 489057.

In view of above, you are requested to kindly make a fresh IPO an amounting of Rs.10/- in favour of Commissioner, Municipal Corporation of Delhi.”

3. Being dissatisfied, the Appellant filed a First Appeal dated 09.10.2023.

The FAA vide its order dated 20.11.2023, held as under:

“The Appellant has filed the present appeal in respect of aforesaid RTI application stating that he has not received any reply from the PIO/EE(B-

I)/CLZ.

The Appellant attended the hearing. The matter was discussed in detail and the PIO stated that the said RTI was returned back to the Appellant along with IPO No. 93G 489057 vide letter no. 4081/EE(Bldg.- II)/CLZ/2023 dated 03.10.2023 as the applicant had attached an IPO of Rs. 50/-instead of Rs. 10/- required as RTI fee. He further stated that Mpl. Treasury of Civil Line Zone is not accepting it. During the hearing the Appellant personally handed over another fresh IPO amounting to Rs. 10/- to the PIO. The PIO is directed to provide the requisite information to the Appellant with 15 days as per RTI Act 2005.

The appeal stands disposed off in terms of above directions.”

4. The CPIO furnished a point-wise reply to the Appella