life and liberty cic subash chandra agarwal

Central Information CommissionRoom 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 : 11 January 2013 Facts:

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


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. RegistrarTel. No. 01126105027

Copy to:

1. Shri Subhash ChandraAgrawal1775, Kucha LattushahDariba, Chandni Chowk, Delhi110006

2. Shri Kirti Azad(Member of Parliament – Lok Sabha)25, Pt. Ravishankar Shukla LaneKasturba Gandhi Marg,


New Delhi110001

3. The CPIO North Delhi Municipal Corporation (through O/o the Commissioner, NDMC)Dr. S.P.M. Civil CentreJ.L.N. Marg, Minto Road New Delhi110002

4. Shri R.P. MeenaExecutive Engineer (B)South Delhi Municipal CorporationRoom No. 209, D.C. Central Zone Office Jal Vihar, Lajpat Nagar, New Delhi110024


life and liberty cic subash chandra agarwal

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