Kotla RTI CiC by Moneylife Digital

Central Information Commission Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066 Telefax:01126180532 & 01126107254 websitecic.gov.in

Adjunct to Complaint No. CIC/DS/C/2013/000002, CIC//DS/C/2013/000003 Appellant /Complainant

1. Sh. Subhash Chandra Agrawal, Delhi 2. Sh. Kirti Azad, Delhi – Represented by Sh.

Sameer Bahadur Public Authority

North Delhi Municipal Corporation, New Delhi (Sh Kirti Pal, AE(B)CNZ/APIO, Sh. Louis Danie,

Hd.Clerk,

Date of Hearing Date of Decision Facts: 1.

PIO, HQ North, Sh. Raj Kumar, JE(B)/CNZ, Sh. M.K.Nighawan, EE(B)City Zone, Sh. P.C.Machiwal, JE (B) City Zone) :

15 January 2013

Further to Commission’s order of even number dated 11 January 2013, the

matter was heard today. Both parties as above appeared in person and made submissions. Appellant once again raised the issues pertaining to the safety and security of thousands of spectators who witness the cricket matches at the Ferozeshah Kotla Cricket Complex at New Delhi and sought information with reference to the issuance of the Provisional Occupancy Certificates by MCD to the DDCA (Delhi & District Cricket Association) for holding cricket matches at this complex without complying with the mandatory requirements of : * *

Structural stability certificate NOC from Chief Fire Officer Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003

* NOC from Assistant Electrical Inspector thereby putting at risk the lives of the appellants and other spectators. 2.

CPIO informed the Commission that they had very little time to collect the

relevant information sought by the appellant by that they had made photocopies of 50 pages holding information covering the period 2008 – January 2013. The entire set of papers were handed over to both the appellants at the commencement of the hearing. CPIO has also brought with him all the files pertaining to the subject and has offered opportunity of inspection to the appellants at a date and time convenient to them. 3.

A perusal of the information furnished to the appellants indicates the following:

That the MCD has been diligently pursuing the matter of obtaining the above

mentioned documents from the DDCA on every occasion when the Chief Administrator of the DDCA had approached them for providing a Provisional Occupancy Certificate to hold cricket matches at the aforementioned stadium complex. During the period indicated above, the MCD has issued Provisional Occupancy Certificates (PoC) in favour of DDCA on nine occasions listed below 1. 2. 3. 4. 5. 6. 7. 8. 9.

From 11 October 2008 to 13 October 2008 From 28 September 2009 to 3 November 2009 From 1 December 2009 to 31 December 2009 From 1 March 2010 to 30 April 2010 From 1 February 2011 to 31 May 2011 For matches held on 4 April 2012 17 April 2012 6 January 2012 and 6 January 2013.

Barring the last 4 occasions, when the PoCs were given on the basis of order of

the High Court of Delhi, all other PoCs were issued after receiving the Completion Certificate File dated 14 July 2008 as well as structural safety certificate, fire safety certificate and NOC from the Assistant Electrical Inspector. It appears from the Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003

information provided that these were provisional certificates pending the issue of final certificates. 6.

The information provided by the CPIO also reflects the concern of the officials

of the MCD regarding the safety aspect and more than once they have recommended that the Provisional Occupancy Certificate not be issued in the absence of the required documents. The noting also reveals that there is the issue of huge outstanding of property tax from the DDCA ( Rs8.67 crore as on 4 January 2013) and also House tax and it was recommended several times on file that on this account also the Provisional Occupancy Certificate should not be issued. Further it has been pointed out by the Assistant Engineer (B) HQ that the DUAC has observed in their letter addressed to DDA with copy marked to the MCD that, "the DDA should not grant the provisional occupancy certificate (POC) which is in violation of the Building Bye laws and Master Plan provisions. The completion/Occupancy Certificate should be granted as per BBLs and Master Plan provisions." It is also noted by Assistant Engineer (Bldg) Central Zone that there is no provision for issuing provisional occupancy certificate as per Building Bye Laws, 1983. 7.

It is observed that on at least two occasions, the Deputy Commissioner (City

Zone) and the Assistant Engineer (Bldg) have noted that permission may be granted to DDCA to hold international matches at their own risk and cost subject to obtaining NOC from Chief Fire Officer, Delhi and that DDCA shall be required to furnish an undertaking that MCD shall not be liable for any untoward incident during the said period. Decision notice 8.

The appellant had sought information for the period 17 April 2005 up to 4 April

2012. After perusing the above documents Commission is satisfied that broadly, the information sought by the appellants has been furnished to them but for the period 2008 – January 2013. Keeping in view that the matter was listed at a very early date for the reasons recorded in Commission’s order of even number dated 11 January 2013, it is commendable that the CPIO has been able to collect the requested Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003

information and provide the same to the appellants today at the hearing. Appellants will peruse the information provided to them today and in case it is found to be deficient in respect of any of the points listed in the RTI application, they will convey the same to the CPIO by 18 January 2013. CPIO will provide the requested information to the appellant before 1 February 2013. 9.

The subject matter of the RTI application is without doubt a matter of larger

public interest. Cricket and other sports enthusiasts flock to the aforementioned cricket grounds and it is in the interest of good governance and accountability to the public, which is at the very heart of the RTI Act, that the agencies charged with the responsibility of maintaining the highest standards of safety at venues such as the Ferozeshah Kotla Cricket grounds discharge their duties to the fullest. 10.

CPIO is directed to place a copy of order before the Mayor of the South Delhi

Municipal Corporation.

(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:

(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027

Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003

Copy to: 1. Shri Subhash ChandraAgrawal 1775, Kucha Lattushah Dariba, Chandni Chowk, Delhi110006 2. Shri Kirti Azad (Member of Parliament – Lok Sabha) 25, Pt. Ravishankar Shukla Lane Kasturba Gandhi Marg, New Delhi110001 3. The CPIO North Delhi Municipal Corporation (through O/o the Commissioner, NDMC) Dr. S.P.M. Civil Centre J.L.N. Marg, Minto Road New Delhi110002 4. Shri R.P. Meena Executive Engineer (B) South Delhi Municipal Corporation Room No. 209, D.C. Central Zone Office Jal Vihar, Lajpat Nagar, New Delhi110024

Adjunct to Complaint No. CIC/DS/C/2012/000002, CIC//DS/C/2012/000003

Central Information Commission Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066 Telefax:01126180532 & 01126107254 websitecic.gov.in

Complaint: No. CIC/DS/C/2013/000002, CIC/DS/C/2013/000003 Appellant /Complainant :

1. Sh. Subhash Chandra Agrawal, Delhi 2. Sh. Kirti Azad, Delhi – Represented by Sh. Sameer Bahadur

Public Authority

North Delhi Municipal Corporation, New Delhi (Sh. Ram Phal, PIO/NDMC)

Date of Hearing

11 January 2013

Date of Decision Facts:

11 January 2013

1. Applicants submitted separate RTI applications, both dated 31 December 2012 before the CPIO, North Delhi Municipal Corporation, New Delhi to obtain information through nine points pertaining to the documents/correspondence/file notings etc. pertaining to the structural safety, no objection certificate from fire department etc in respect of the Ferozshah Kotla cricket grounds – enclosed herewith as Annexure A. 2. The identical applications was preferred under the proviso to sub section (1) of section 7 of the RTI Act which reads as follows: "Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within 48 hours of the receipt of the request."

Appeal: No. CIC/DS/C/2013/000002, CIC/DS/C/2013/000003

3. The RTI application states that the requested information has a bearing on the safety and life of thousands of spectators (including that of the appellants) who were present in the cricket stadium to watch the cricket match held on 6 January 2013. 4. Not receiving any information from the CPIO, the appellants moved the Commission by preferring complaint vide their applications dated 7 January 2013 and 8 January 2013. The Commission registered the applications as second appeals and issued notice to both the parties in the above mentioned cases that hearing will be held in the Central information Commission under section 19 (3) of the Act on 11 January 2013 at 12:45 PM. Early hearing was granted as the Commission, after going through the contents of the applications concluded that the issues raised therein relate to larger public interest. 5. Matter was heard today. Both parties as above appeared in person and made submissions. CPIO stated that he represented the North Delhi Municipal Corporation whereas the Ferozeshah Kotla cricket grounds fell within the jurisdiction of CPIO/Executive Engineer (Bldg), Central zone, Lajpat Nagar, South Delhi Municipal Corporation. Therefore, they were not in a position to provide any information to the appellants in response to their RTI applications. Appellants countered by stating that they had preferred their respective RTI applications after ascertaining the jurisdiction of the Ferozeshah Kotla Stadium from the website of the MCD. Decision notice

6. After hearing both parties, Commission directs the CPIO/Executive Engineer (Bldg), Central zone, South Delhi Municipal Corporation, Lajpat Nagar to provide full and complete information as held by the public authority to the appellants by Monday, 14 January 2013. Commission will review compliance of this order and all parties are directed to appear before the Commission on Tuesday, 15 January 2013 at 10:30 AM. It is placed on record Appeal: No. CIC/DS/C/2013/000002, CIC/DS/C/2013/000003

that the CPIO who has appeared before us today has taken note of the oral order passed today in open court and will forward the RTI application to the holder of information and also convey the orders of the Commission today itself to the concerned CPIO as recorded hereinabove. 7. Respondent is also directed to update their website so as to reflect the correct information regarding the jurisdiction of the 3 trifurcated Municipal Corporations.

(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:

(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027

New Delhi110001 3. The CPIO North Delhi Municipal Corporation (through O/o the Commissioner, NDMC) Dr. S.P.M. Civil Centre J.L.N. Marg, Minto Road New Delhi110002 4. Shri R.P. Meena Executive Engineer (B) South Delhi Municipal Corporation Room No. 209, D.C. Central Zone Office Jal Vihar, Lajpat Nagar, New Delhi110024

Appeal: No. CIC/DS/C/2013/000002, CIC/DS/C/2013/000003

Most Urgent Central Information Commission Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan Bhikaji Cama Place, New Delhi–110066. Phone Nos. : 011-2610 5027.

File No. : CIC/DS/C/2013/000002

Date : January 08, 2013

Notice for Hearing Complainant

: Shri S. C. Agrawal, Chandni Chowk (Delhi).

Respondent/s : North Delhi Municipal Corporation, New Delhi.

Date of RTI

: 31/12/2012 (filed under ‘Life CPIO’s Reply : No reply. & Liberty’ of the RTI).

The hearing of the Complaint, dated 07/01/2013 under section 18 of the RTI Act, filed by Shri Subhash Chandra Agrawal, Chandni Chowk (Delhi) in the Central Information Commission under Sec.19(3) of RTI Act 2005, in the above matter will be held in the Court Room No.-307 on the above given address of the Commission at

12:45 P.M. on January 11, 2013. 2. The Commission directs the CPIO to appear in person or may authorize an officer not below the rank of CPIO, who is well conversant with the matter to represent them. The Respondents are directed to give the name, designation and contact number of the person attending the hearing well in advance to the Commission before the date of hearing on phone nos.- 011-26105027 / 26180532. 3. The CPIO is also directed to inform the 3rd party if any to enable the 3rd party to defend or present his/her case before the Commission on the scheduled date of hearing. He/she may also file written submissions if any. 4. The Complainant is also given the opportunity to appear before the Commission in person or through his duly authorized representative.

(T. K. Mohapatra) Dy. Secretary & Dy. Registrar

Central Public Information Officer under RTI North Delhi Municipal Corporation, (Through O/o. the Commissioner, NDMC), Dr. S. P. M. Civic Centre, J. L. N. Marg, Minto Road, New Delhi-110002.

Shri Subhash Chandra Agrawal 1775, Kucha Lattushah, Dariba, Chandni Chowk, Delhi-110006.

Note : Both Parties are requested to be Present at least Fifteen (15) Minutes before the Scheduled Time.

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