PER SHRI. S.B.DHUMAL - HON’BLE PRESIDENT :
1) Heard Complainant in person.
The Complainant has filed this complaint against Shri.Sunil Jain, (Jr.Eng), Building Proposal (City) II, M.C.G.M. E Ward Byculla – 8 and Asst. Commissioner, E Ward, E Ward Office Bldg., Byculla, Mumbai – 8, alleging deficiency in service on their part in not providing necessary information under Right to Information Act, 2005. It appears from the record that on 23/04/2010 the Complainant had made an application to the Public Information Officer (Building Proposals) City-II, E Ward Office Building, Byculla (W), Mumbai-8, requesting to provide certified copy of I.O.D./C.C./Approval Letter (Commencement Certificate) issued to the Builder for redevelopment of B.I.T. Chawl No.12, on Plot No.1870, Byculla. It appears from the document produced on record by letter dtd.28/05/2010 Executive Engineer, Building Proposals (City) II Public Information Officer informed the Complainant that “some of the file papers of the information sought by you is available in this office record. You may take inspection and if you desire to have copies to the same, the same will be made available to you on making payments as per schedule below”
2) In the complaint it is alleged by the Complainant that on 07/08/2010 he met Mr.Sunil Jain, Jr. Engineer, Building Proposals (City) II and requested to provide information of Commencement Certificate issued to the Builder for redevelopment of Chawl No.12. Mr.Jain told him that C.C. is not given to the Builder. It is alleged by the Complainant that Mr.Jain refused to give in writing that Commencement Certificate is not given to Builder and further told him that BP Department does not provide such information. Making aforesaid allegations, the Complainant has filed this complaint against Opposite Party Nos.1 & 2.
3) The Complainant had not made an application under Right to Information Act to Opposite Party No.1–Shri.Sunil Jain, Jr. Engineer. It appears from the letter dtd.28/05/2010 written by the Executive Engineer, Building Proposals (City) II that the Executive Engineer (B.P.) is a Public Information Officer under Right to Information Act. The Complainant has not joined Executive Engineer as a party to this proceeding. Absolutely there is no evidence to support the allegations that on 07/08/2010 the Complainant requested Mr.Sunil Jain, Jr.Engineer to give information, who refused to give necessary information. In the entire application nowhere it is explained by the Complainant that as to why he has joined Asst. Commissioner, E-Ward as a Opposite Party No.2. There is no prima facie evidence to prove deficiency in service on the part of Opposite Party Nos.1 & 2. It appears that the complaint is misconceived and deserves to be rejected. Hence, we pass the following order –
O R D E R
i.Complaint No.243/2010 is hereby rejected with no order as to cost.
ii.Certified copies of this order be furnished to the party.
