NEW DELHI: Amid a rise in the number of buildings being sealed and demolished by the Municipal Corporation of Delhi (MCD), the Central Information Commission (CIC) has flagged the absence of a consolidated record to track FIRs lodged over broken or tampered seals on unauthorised constructions. It recommended that the civic body put in place a systematic mechanism to monitor such cases.
According to the CIC, the absence of such a record ‘significantly limits’ effective supervision and periodic review of FIR-related action by senior authorities. It also observed that the process remained substantially dependent on the discretion of individual junior engineers (JEs), creating scope for ‘inconsistent practices’ and inadequate accountability.
Information Commissioner Vinod Kumar Tiwari passed the order while hearing three RTI appeals concerning the sealing, de-sealing and breaking or tampering of seals on properties in Quresh Nagar.
The MCD informed the commission that 133 properties had been sealed and five de-sealed during the relevant period. It said FIRs were lodged by the concerned JEs in cases involving broken seals.
However, when asked whether a consolidated register or other systematic record was maintained, the civic body ‘categorically said that no such register or consolidated record is maintained’.
The commission also pulled up the MCD for its initial response to the RTI application, noting that the Public Information Officer (PIO) had denied all the information by mechanically invoking Section 8(1)(j) of the RTI Act on the ground that it concerned third parties.
The CIC noted that the information sought was essentially record-based. Only after the commission issued a hearing notice did the MCD furnish a revised reply, disclosing the number of properties sealed and de-sealed and the details of the JEs responsible for the action.
The commission said the subsequent disclosure did not cure the PIO’s failure to provide available information within the statutory time limit.
It held the PIO-cum-Executive Engineer (B)-I, MCD, responsible for the lapse and imposed a penalty of Rs 5,000 under Section 20(1) of the RTI Act.
Under Section 25(5) of the RTI Act, the CIC advised the MCD commissioner to consider putting in place a uniform system for the “upfront and proactive disclosure/maintenance of records” relating to FIRs lodged in cases of broken or tampered seals.
It suggested that a consolidated register or database could include details such as the property or file reference, date of detection of the broken seal, nature of the violation, FIR date and number, police station, officer responsible for initiating action, present status and subsequent action taken.
The record should be updated periodically and placed under the supervision of a senior officer, the commission said.
The CIC also advised that general and non-sensitive information relating to such enforcement action be considered for proactive disclosure under Section 4 of the RTI Act, so that people do not have to file individual RTI applications for information routinely generated and maintained by the public authority.
