Delhi’s illegal constructions: MCD pulled up




The Central Information Commission (CIC) has written to the Anti-Corruption Bureau about “widespread and organised activity of illegal and unauthorised construction” and noted that complaints to the Municipal Corporation of Delhi (MCD) have had “no impact”.

The remark came on an application filed under the Right to Information (RTI) Act by Sanjay Kumar, a resident of Kabir Basti in north Delhi.

He had sought information regarding unauthorised construction in the Subzi Mandi area. He approached the CIC after he did not get a satisfactory response from the MCD.

“Law-abiding citizens in Delhi are at their wits’ end to get a method of stopping the widespread illegal constructions in Delhi. Scores of RTI applications and complaints to the MCD appear to have no impact at all and citizens start losing faith in the existence of a rule of law,” information commissioner Shailesh Gandhi said during a hearing March 25.

The MCD was represented by R. Prasad, deputy commissioner, Civil Lines Zone.

“The appellant has made a number of complaints to the deputy commissioner, Civil Lines Zone (R. Prasad)…It is apparent that the MCD is unwilling to take any action on complaints of such unauthorised constructions,” Gandhi observed.

“Some of the information is still balanced and it is claimed that regularisation and sealing file is not obtainable since nobody knows where it is. This is a file relating to 2008 about unauthorised construction and, hence, it may well have been stolen,” he said.

“The PIO (Public Information Officer) states that he is not able to get the cooperation of his officers in the MCD in spite of repeated verbal and written reminders,” he added.

“The commission has also filed a complaint with the Anti-Corruption Bureau about such widespread and organised activity of illegal and unauthorised construction in the capital city of this country,” Gandhi added.

The CIC directed the PIO to “locate the file and provide the information to the appellant before April 10, 2010″.

“If the file is not located, he will (have to) file a police complaint about the theft of the file, giving the names of the officers who last handled it and send a copy of the police complaint to the appellant and the commission before April 20, 2010,” Gandhi ordered.

The commission also held the MCD’s PIO R. Prasad and other deemed PIOs responsible for not following the RTI Act properly as they did not reply to applications within 30 days, as mandated under the Act.

The commission issued a showcause notice, asking “why penalty should not be levied on them?”

“From the facts before the commission, it is apparent that the PIO and the deemed PIOs are guilty of not furnishing information within the time specified under the (RTI Act) by not replying within 30 days. It appears that the PIO and deemed PIOs’ actions attract the penal provisions,” Gandhi said.

“A showcause notice is being issued to them, and they are directed to give their reasons to the commission to show cause why penalty should not be levied on them,” he said.

He also directed the MCD officials to attend the next hearing April 23 with “written submissions” showing why they should not be penalised.

“If there are other people responsible for the delay in providing the information to the appellant, the PIO is directed to inform such people of the showcause hearing and direct them to appear before the commission with him,” Gandhi added

Clip to Evernote


Categories: Legal News | Tags:

To get Legal News, Articles and Legal Tips on your Mail
Enter your Email address here:

For NewsLetter and other update Register Here



  • Hi All,

    I would really appreciate if you can take a serious action after reading the below E-mail.

    MCD HAS DONE PARTIALITY IN NORTH DELHI PRATAP NAGAR O BLOCK J.E IS RESPONSIBLE FOR THIS & AS WELL AS M.C.D

    HELP-HELP-HELP-HELP-HELP

    Hi,

    I am the resident of Pratap Nagar ( O ) Block North Delhi, few days back on 7/26/2012. The M.C.D came to our street to destroyed the illegal construction of O-31 A because Owner of O-31 A , Mrs. Mahinder Kaur residence of O-25 Pratap Nagar has file a case against their tenants, who are staying illegally in O-31 A. On this particular case the court has given the instruction to MCD to take the serious action on O-31 A Property.

    However M.C.D took the action in a very wrong manner. J.E has demolished the property not only O-31 A as well as O-31 & O- 32 1st Floor without any prior notice & not even any intimation given . Mentally Harassment done by M.C.D. When I checked the notice provided by M.C.D after 2 days of demolishing the property in which O-27 property also listed in that document but J.E didn’t demolish that property. I would like to know why they didn’t demolished the rest of the properties & in which court document has written that demolished the property O-31 & O-32 Ist floor. I have attached the Pics & Video with this mail. Also attached the M.C.D notice given to O-31 A by M.C.D.

    Is this the way that M.C.D works. Physical & Mental Effects on the property owner of O-31 Ground Floor & O-32 1st floor after demolished the properties. Which was not the part of the demolishing area?

    1) Mental Harassment of entire family as no prior notice was given.
    2) Sick member in the family facing big problem & adding more problems to their health.
    3) Great Financial Loss happened in temporary rehabilitation ( buying makes and cover).
    4) No Electricity & water supply creating situation more miserable
    5) Broken Water lines, water meter, water motor.
    6) Crack in entire walls ground floor as well as first floor.
    7) Base of house has become week.
    8) Threat of life loss.
    I would like to know why J.E didn’t take the action on the rest of the properties starting from O-17 to O-30 (Including all above floors). You can check in the pics attached with this mail. The other property owner’s has made their houses in the same line & length (what was made by the property owner O-31 Ground floor & O-32 first floor). Also recently O-26 property owner has made the construction on third floor without plan passed by M.C.D. why M.C.D didn’t take any action on that.

    Also I would like to know the property owner of O-33 Ground floor & O-35 ground floor has covered the M.C.D Sever Line ( Drainage line ) in their lobby area Or you can say front side of the area of the property. Whenever some has a blockage in their sever lines just because of the illegal construction made by O-33 Ground floor & O-35 ground floor owners they are facing lots of problem. As per the law & illegal construction done by the above mentioned property must be demolished.

    Also in N Block N-49 A has made illegally. Currently O-32 IInd floor & IIIrd floor owner is making the illeagal construction. MCD people have taken money from this person thats why they are sleeping and he is cotinuously occupying illegal surface without any fear in his mind.

    I request kindly take my complaint seriously and come once to see this construction site so that MCD will judge & see the real situation.

    Starting from O-17 Ground Floor & Ist floors till O-30 & also O-33 Ground floor & O-35 ground floor.

    BECAUSE RULES SHOULD BE SAME FOR EVERYONE NOT FOR JUST TWO PROPERTY OWNERS
    Thanks
    Jatin Arora

    January 11 2013
    CommentsLike

    • RESPECTED SIR,

      M REASIDEND OF L-270 SHASTRI NAGAR NEW DELHI THERE IS A UNAUTHRISED PRIVATE TAMPLE CONSTRUCTION HAS BEEN DONE BY L-268
      WHICH LED STREET WIDTH VERY LESS
      SO PLEAS GET PREVENT THIS CONSTRUCTION

      THANK YOU..

      September 17 2011
      CommentsLike
      • Dwarka

        Dear Sir,

        Greetings Of the Day!!!

        This is to inform you that there is a illegal construction going on in D-9 Pratap Nagar (Andha Mughal) Delhi – 110007.
        This person has occupied unauthorised land in front of his house (Approx 6 – 10 feets) which is the footpath at the side of road & at the back of his house.We have complained to Police but they have not taken any action.Any one can see How much construction is going on in this house no.D-9 Pratap Nagar (Andha Mughal) Delhi – 110007. It is situated near pratap nagar metro station.In my view Police & MCD people have taken money from this person thats why they are sleeping and he is cotinuously occupying government surface without any fear in his mind.

        I request kindly take my complaint seriously and come once to see this construction site so that MCD will judge & see the real situation.

        Thanking You
        Dwarka Prasad
        D-13 Pratap Nagar
        Delhi-110007

        May 05 2011
        CommentsLike
        • BOBBY

          Sir, there is illegal and unauthorized construction is going on in 8902/14B, Shidi Pura, Karl Bagh, New Delhi-11005 and without permission of M.C.D there are few POLICE OFFCIALS (S.H.O. & beat officer of the area. OF DELHI POLICE are taking bribe for these construction and M.C.D Patwari also taking money. Construction is going in the Shidi Pura where in this area construction is not allowed.

          Sir, please do something there are mafia of this illegal construction has been already constructed unauthorized and illegal flats and shops in the area by giving bribe to all beat officers of Delhi Police and M.C.D.

          April 21 2011
          CommentsLike

          • we gives complaint against encroachmentof library road and main bzr nawab ganj.but mcd and local police not take any action against them,and our area rwa also gives several complaint of concern dept.but noresult found,i hope that times u take pain and remove encroachment.

            March 06 2011
            CommentsLike

            • i nasir ahmed r/o nawab ganj delhi.first of fall i tell you very honestly,in our area a totally resi.area but some year ago,mot of builder mafia comes and purchase houses in nawab ganj,and then convert house to commercial properties.andour area association [rwa] decideke ded a genral body meeting to dicuse about problems,and all body members tacison to go honabale high court,and write a write pititon against builders and court gives intrim relif.and markmcd/police to filed status reports,on next date.and i also wantsneccary action against them.

              November 25 2010
              CommentsLike
              • Ravinder Nath

                Sir, there is illegal and unauthorized construction is going on in Burai area with illegal bore well and without permission of M.C.D there are few POLICE OFFCIALS (S.H.O. & beat officer of the area. OF DELHI POLICE are taking bribe @200 per Sq for these construction and M.C.D Patwari also taking money named is Vinod Kumar Pandey. Construction is going in the Kaushik Enclave & Amrit Vihar Mainly.

                Sir, please do something there are mafia of this illegal construction is Anand Mohan Joshi C/o P.D. Joshi Properties has been already constructed unauthorized and illegal apartments & Colonies in the area by giving bribe to all beat officers of Delhi Police and M.C.D.

                November 10 2010
                CommentsLike
                • bobby

                  sir
                  there is illegal and unauthorised construction is going on in area of 400 yards with illegal bore well and without permission of M.C.D there are few POLICE CONSTABLE (beat officer of the area. OF DELHI POLICE are taking bribe for this construction and M.C.D beat officer also taking money named is Negi.construction is going in the KHANPUR EXTN BEHIND D.T.C BUS DEPOT NEAR/in the front of TARA APPARTMENT(old details factory/tara madam factory) F-171 KHANPUR EXTN BEHIND D.T.C BUS DEPOT NEW DELHI 110062
                  sir please do something there are mafia of this illegal construction is MAHAVIR SINGH YADAV. has been allready constructed unauthorised and illegal appartments in the area. by giving bribe to all beat officers of delhi police and m.c.d he also gives bribe to deputy commissioner of M.C.D southzone. and junior engineer sir please do something..

                  October 28 2010
                  CommentsLike

                  • i nasir khan r/onawab ganj,ward no.78.civil line zone delhi,today i see a very unfortunate,matter agatnst constructione rsare working by the buikders,i think that person raonts dont know atter sbout high court orders.one of persos who tell the total story of highcout order

                    September 26 2010
                    CommentsLike

                    • i am the genral secatery of rwa,nawab ganj.in our area large no of builders comes & take home,& grrabed govt land approx,200 to 300.this land also situated in nawab ganj,the association gives write letter to mcd & oths related dept,but no one can take action,so i & our asso,take diccison go to honabale delhi high court,and we produced compl,apll.to encrochers/illegal builders.so jusitice kailash ghambhir take seriosly & gives direction to mcd/p.s bara hindu rao,show the status report,but mcd not produced status report due to brabing to lot of money to builders,and then next dt,justice ghambhir again directio to mcd/police,no budy can not doing illegal works in nawab ganj,delhi 6,after few days mcd/p,s bara take action to some building,sealling/demolishon,they are totaly pre plan[play] to show public & rwa.and today lot of construction doing in nawab ganj,so i think stay is cancell & the builders can do works,but i clearly adviced to rwa,they can say,no stay cancell,stay is already continue,so this is true story of mcd officers/p.s bara hindu rao.they both of shame.

                      July 30 2010
                      CommentsLike

                      • Write your Query & Comment here :