Unauthorized construction and violations of safety norms are in the nature of public alerts

The appellant filed a complaint with Municipal Corporation of Delhi (MCD) regarding an un-authorized building pointing out violation of Map Sanction, Fire N.O.C., safety norms, illegal use of basement for academic tuition center, International Restaurant, Banquet Hall and meeting hall etc. He filed an application under the RTI Act seeking action taken report. For most of the information, the PIO replied that the information does not pertain to Building Department. The First Appellate Authority held that the PIO, should have transferred the RTI application to the concerned department and directed to transfer the RTI application to whom the information is more closely related within 07 days from the receipt of this order. The CIC observed that the issue raised by the Appellant is not merely a private grievance but one of serious public concern. The Appellant appears to have attempted to draw the attention of the MCD towards rampant unauthorized construction, illegal commercial activities, unsafe use of basements, congestion, and violations of fire and safety norms and such applications are in the nature of public alerts. The CIC noted with concern that neither Section 6(3) nor Section 5(4) of the RTI Act, 2005 has been properly invoked within time frame by the Respondent. The replies furnished are evasive in nature. The PIO was duty-bound either to transfer the RTI application promptly under Section 6(3) at the initial stage or to seek assistance from the concerned officers under Section 5(4) of the RTI Act and thereafter provide a consolidated and meaningful reply to the Appellant. Merely shifting responsibility by repeatedly stating “information does not pertain to this department” defeats the spirit and mandate of the RTI Act and cannot be countenanced by the Information Commission. The CIC directed the PIO to obtain the requisite information from the concerned departments/offices by invoking Section 5(4) of the RTI Act and to provide a revised, clear, and point-wise reply to the Appellant on all the queries raised in the RTI application, strictly in accordance with the provisions of the RTI Act. The CIC strongly advised the MCD to introspect, streamline inter-departmental coordination, and ensure that complaints and RTI applications highlighting potential public hazards are treated with the seriousness they deserve.

Comments

Illegal commercial activities and unsafe use of basements has led to loss of life in many accidents. As rightly pointed out by the CIC, such RTI applications are in the nature of public alerts and municipal corporations should introspect and streamline inter-departmental coordination failing which such incidents would recur.

Citation: Arvind Kumar v. Municipal Corporation of Delhi, File No: CIC/MCDND/A/2024/118670; Date of Decision: 22.01.2026

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com