To,

1. Central Vigilance Commission

Satarkta Bhavan , Block-A
GPO Complex , INA
New Delhi – 110023

2. The Superintendent of Police

Anti-corruption branch,
Central Bureau of Investigation
Plot No 5-B, 1st Floor,
A & B-Wing, CGO Complex,
New Delhi-110003

3. The Director/CVO, EDMC,

HEAD QTRS. East Delhi Municipal Corporation,
419, Udyog Sadan, Patparganj Industrial Area,
New Delhi – 110092.

Subject: Complaint against Sh. Deepak Goel, Executive Engineer

(Building-II/Shahdara(North)) and Sh. Pukhraj Meena,
Superintending Engineer-II/Shahdara North zone, East
Delhi Municipal Corporation for the lapses and negligence
of their duties directed by Hon’ble High Court and
Addl.Commissioner.

Sir,

In compliance of the directions of Hon’ble High Court in the case

Kalyan Sanstha Social Welfare Organization Vs. UOI & ors., the
Addl. Commissioner, EDMC passed an order vide
no.307/AddlComm-I(EDMC)/2017 for following the procedure for
taking action against unauthorized construction issued on working of
Building Departments.
In the case Kalyan Sanstha Social Welfare Organization Vs. UOI &
ors. it is mentioned in “16(3). The detection of unauthorized
construction at the first level shall be carried out by the Junior Engineers
and Assistant Engineers of the concerned zones under the supervision of
Executive Engineers. Superintending Engineer would ensure that the
separate teams for detection and ensuring action, act as per law and if
either of the teams/officers fails, it would be the primary responsibility
of the superintending engineer of the zone and if any dereliction of duty
is noticed he would initiate appropriate action against the erring
officers.” The complainant had filed the RTI vide Application no.
EDLMC/R/2021/60724 dated 16/11/2021 in EDMC and asked about
the following information under RTI Act, 2005-

1. Please provide the list of sealed properties against the violation of

the sanction building plan and booked u/s 343 &344 of DMC Act
from 01.10.2018 till today for both zones.
2. Provide the list of de-sealed properties from 01.10.2018 till today
along with reasons, on what grounds the property has been de-
sealed for both zones.
3. Provide the list of regularized properties from 01.10.2018 till
today for both zones.
4. Provide the list of completion certificates issued by the Building
Department from 01.10.2018 till today for both zones.
5. Provide the list of work stop notices issued during the period of
01.10.2018 till today for both zones.
6. Provide the list of booking made u/s 343 & 344 of DMC Act
against the work stop notice issued from 01.10.2018 till today for
both zones.
The Executive Engineer(Bldg.)-II, Shahdara South Zone replied that all
the information is available in public domain and can be retrieved by the
applicant but there is no information available specifically on the
website of MCD regarding work stop notices, sealed/de-sealed
properties and unauthorized construction, rather information in public
domain is to confuse and mislead the public. However, it is clearly
mentioned in the directions given below by the Hon’ble High court in
the case Kalyan Sanstha Social Welfare Organization Vs. UOI & ors.-

“11. The whole system of booking of unauthorized construction should

be computerized and made on-line and the following procedures will be
followed:

i. As soon as the municipal staff detects any unauthorized

construction or comes to the notice of the MCD through any other
source, the required details will be posted on a formatted sheet fed
in the computer.
ii. The computer would generate a Performa of all the mandatory
actions required under the Act.
iii. Once any complaint is registered in the system, the system would
forward the same to all concerned officers for taking action as per
provisions of the Act.
iv. The status of the case would be available for monitoring purpose
to senior officers and would also be put on the website of the
MCD.
v. Once the unauthorized construction is detected and registered,
action would be taken against the unauthorized construction within
a time bound manner.
vi. Any complaint received and registered would be acted upon within
four weeks so as to ensure that no grievance goes unheard and the
status of the action taken would from time to time be updated on
the website of MCD.”

The Executive Engineer, Assistant Engineer and Superintending

Engineer are not performing their duties accordingly. In the order no.
307/Addl.Comm-I(EDMC)/2017 wherein it is stated that:

“8: The details of all the notices, orders and actions on

unauthorized constructions will be entered by the OI(B) in the
Missal Band Register and the Missal Band Register will be closed by
Executive Engineer in evening on daily basis.” No proper Missal
Band register is maintained by Executive Engineer in EDMC. The
lapses of the officers are manifestly shown.

The Complainant filed the appeal before the First Appellate

Authority vide Application no. EDLMC/A/2021/60213 dated
17/12/2021. During the hearing no information was provided by the
PIO/EE(B)-II/SH(N). First Appellate Authority i.e. Superintending
Engineer-II directed the PIO to provide information within 10 days.
However, the PIO/EE(B)-II/SH(N) has failed to provide
correct/complete documents to the complainant. The Executive
Engineer is just trying to hide the facts rather than revealing it.

Various discrepancies were found in the reply vide No.EE(B)-II/Sh.

(N)/2022/D-39 sent by the PIO/EE(B)-II/SH(N) which are as under:-

1. In point no. 1, PIO/EE(B)-II/SH(N) has mentioned that the

information of booked properties for the said period is available
 on the EDMC website mcdonline.nic.in in EODB portal but no
proper/complete information is available on the website.
Information available is not specific, rather information in public
domain is to confuse and mislead the public. For ex, extent of
unauthorized construction neither on scale nor in quantity is
mentioned in any of the unauthorized construction booked i.e., it
is very difficult to understand the quantum of the unauthorized
construction from any of the booking uploaded on the said
website which is against the essence and spirit of the RTI Act.
2. In point no. 2, no reasons and grounds are provided in the list of
de-sealed properties. PIO/EE(B)-II/SH(N) is hiding more than
revealing the information.
3. In point no. 3, the information provided in list of regularized
properties is to be considered as incomplete as the details of
regularization with calculation and its charges and status of the
building as on date not provided.
4. In point no. 5 and 6, PIO/EE(B)-II/SH(N) has failed to provide
the information asked as no record of booked properties against
the work stop notices are maintained by this office which is to be
considered as “information not provided” as per RTI Act, 2005.

In view of the order no. 307/Addl.Comm-I(EDMC)/2017 dated

27/12/17 it is manifestly mentioned the duties of Executive Engineer,
Junior Engineer, Assistant Engineer and Superintending Engineer. The
officers are not taking any action against sealing/demolition of
unauthorized construction. They also have not mentioned the proper
reasons or grounds for the demolition of unauthorized construction in
their previous records. The Executive Engineer has no proper records of
the sealing/demolition of unauthorized construction of properties which
were booked under unauthorized construction. The Executive Engineer
had given some atrocious reasons under action taken for the properties
which were sealed/demolished under unauthorized construction for
example: demolished chajja on mpl land, one RCC panel was
demolished and cut etc. No proper documents are available with the
EDMC department and also incomplete documents have been sent to the
complainant. All the officers are doing their duties in a frivolous
manner.

It is mentioned in point no. 11 in the order no. 307/Addl.Comm-

I(EDMC)/2017 dated 27/12/17 that “the Deputy Commissioner and
Superintending Engineer separately will monitor the working of the
Building Department at least once in a month. The Nodal Steering
Committee comprising Addl. Commissioner (Engg.), Chief Vigilance
Officer, Chief Law Officer and Chief Town Planner will also monitor
the working of Building Department on monthly basis. In case the Addl.
Commissioner of the Zone has not the charge of Engineering
Department, he will also monitor the working of Building Department
of the concerned zone on monthly basis.”

Primarily, there are sufficient reasons to believe that these officers are
indulged in dereliction of duty, ill maintaining of official record,
disobeying the directions of superiors, that is the sole reason of menace
of unauthorized construction in the city.

From the record available on website, it is crystal clear that not a

unauthorized has been demolished to the extent of 100% in last
three years.
All the officers which are mentioned above are involved in conspiracy
and involved in corruption. They are not doing their duties according to
the directions given by Hon’ble High Court. Proper investigation should
be done against them and may be punished under various Rules and
Regulation under Central Civil Services Rules as amended time to time
and Prevention of Corruption Act.

Date: 28.01.2022 Avnish Kumar Tyagi

Advocate
109, Vikas Complex,
37, VS Block, Vikas Marg
9910066767
advocate.avnishkumar@gmail.com

COPY FOR KIND INFORMATION:-

1. The Superintendent of Police (anti-corruption branch, central

bureau of investigation), Plot No 5-B, 1st Floor, A & B-Wing,
CGO Complex, New Delhi-110003.
2. The Director/CVO, EDMC, HEAD QTRS. East Delhi Municipal
Corporation, 419, Udyog Sadan, Patparganj Industrial Area,
New Delhi – 110092.