RTI Judgement Series
RTI Judgement Series: Despite Supreme Court order, Delhi government was busy in passing the responsibility

Despite orders from the apex court, various departments in the Delhi government were found passing the issue of unauthorised industries to one another in order to avoid the responsibility. This is the 49th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while pulling up various officials from the Government of National Capital Territory of Delhi (GNCTD), asked the Public Information Officers (PIOs) of the industries department (policy), chief secretary and sub-divisional magistrate (SDM) to provide proper information to the applicant.


While giving this important judgement on 12 March 2010, Shailesh Gandhi, the then Central Information Commissioner said, “The Commission must mention that the facts emerging during this hearing appear to imply that the Supreme Court’s order has not been implemented. It is evident that various government departments are passing the issue of illegal operation of all kinds from one to another in an eternal game of passing the responsibility.”


Delhi resident MK Kashyap sought information from the Commissioner of Industries, Government of National Capital Territory of Delhi (GNCTD) about unauthorized industries in non-confirming residential area of Gandhi Nagar. Here is the information he sought and the answers provided by the PIO of Industries department...



Information Sought

PIO's Reply


Whether a monitoring committee had been constituted chaired by Chief Secretary, Govt. of Delhi in compliance of order dated 07/05/2004 passed by the Supreme Court.



Whether a survey of unplanned residential/Rehayasi was done by SPIO, Chief Secretary according to advertisement published by Commissioner of Industries on 10/06/2004.



Provide total number & Name, Property No. with full details which was found illegal & in which 75% were unauthorized illegal Production units in Unplanned Residence according to survey done by SPIO, Govt. of Delhi on 10/06/2004.

List of 45 Industrial area marked as unauthorized is enclosed.


The percentage of unauthorized Production Units found in unplanned Residential Colony according to SPIO, Gandhi Nagar constituency.

Survey was done under leadership concerns SDM. Contact SDM, Gandhi Nagar, for further information. A copy of the RTI application is being sent.


Whether the Chief Secretary had taken any action so far, in compliance of the order of Supreme Court. If not taken, then reason thereof. If taken, then what had been taken? Give full details.

A complaint was used to send to concerned O/o Dy. Commissioner till November 2000 for taking action against unauthorized industries running in unplanned areas.


Provide total number of production units category-wise (Class-A, A1, B, C, D, E, F) in Gandhi Nagar Constituency.

There is no information according to the official record.


Whether the Gandhi Nagar Constituency has to be declared Industrial Area. And by which date.

As said above.


Whether the Gandhi Nagar Constituency has to be declared Commercial Area. And by which date this constituency would declared as commercial area.

As said above.


By which date unauthorized production units placed in unplanned residential areas would be shifted or closed.

As said above.


Whether permission had been given for setting up Computer Crafting Machine (weighing 3 to 4 ton) & allowing for 24 hours in the said constituency.

As said above.


Total number of unauthorized industrial units that had been removed or closed so far.

Receive this information from SDM (Gandhi Nagar).


Whether unauthorized production units would be removed before Commonwealth Games. By which date this work would be started?

There is no information according to office record.


Action taken on the appellant’s application dated 03/06/2008, 30/06/208, 28/08/2008, 09/09/2008 & 27/12/2008 by the Chief Secretary, Govt. of Delhi, so far.

The application of the appellant had been inspected by the staff of this department. after then the letter with inspection report had been sent to Dy. Commissioner (East), for further action on 02/06/2009 according to order dated 07/05/2004 of SC.


Whether the said constituency had been made pollution free removing unauthorized units before holding Commonwealth Games. If yes, then by which date.

There is no information according to office record.


Who has responsibility & who is responsible to stopping/closing unauthorized industries in Gandhi Nagar region according to public notice dated 10/06/2004 issued by the Commissioner (Industries)?



 Who will take action against unauthorized industrial units?

As said above.


Kashyap then approached the First Appellate Authority (FAA) citing wrong, unsatisfactory replies and misleading information by the PIO. In his order the FAA stated that, “The PIO/CS Office correctly transferred his application dated 11 July 2009 to the Additional Commissioner of Industries, Industries Department and copy for information was endorsed to him vide letter dated 14 July 2009. Under RTI there is no provision to transfer the appeal, hence it cannot be transferred. Appeal can be filed before the FAA of Industries Department only. Hence the appeal is rejected.”


Kashyap then filed his second appeal before the CIC. During a hearing before Mr Gandhi, the CIC, Kashyap stated that there is a Supreme Court order of 7 May 2004 to conduct a survey within six months and ensure closure of all industries in non-confirming residential zones. He alleged that this is not been done, though a period of over five years is over form the Supreme Court order, and therefore he sought information from the office of chief secretary, one of the four authorities, who have been charged by the apex court order to monitor the implementation.


Kashyap told the CIC that the Chief Secretary’s office has transferred part of his RTI application to the Directorate of Industries and the concerned SDM from whom he was not getting any response.


He also stated that he has approached Municipal Corporation of Delhi (MCD), the concerned SDM at Gandhi Nagar and the Director of Industries and everyone kept saying that they did not have information about the implementation of Supreme Court’s order.


Mr Gandhi noted that the chief secretary has been given the responsibly of monitoring by the Supreme Court and the SDM certainly reports to the Chief Secretary and thus it is not unreasonable for the citizen to expect that the information would be provided by the Chief Secretary’s office.


The PIO, in his submission stated that the Department of Industries is not monitoring the whole activity but is coordinating and does not have enough resources it would require to monitor the activity.


The Commission, while adjourning the hearing decided to call the PIO of chief secretary.


During a hearing on 25 February 2010, both the PIOs and the concerned SDM were present before the Commission.


DP Singh, SDM of Gandhi Nagar stated that there was no record of any survey having been carried out by his office but he was aware that there was large number of garment units in the area. In the absence of any survey or record it is not possible to know whether these can be permitted in the residential area or not, he said.


OP Wadhwa, PIO and officer on special duty (OSD) to Chief Secretary stated that he believed a survey had been carried out but nobody seems to know where this report was and what it stated.


SK Singh, PIO & Deputy Commissioner Industries (Policy) told the CIC that if a survey had been carried out, the report can only be with the SDM of Gandhi Nagar.


Mr Gandhi, the CIC, then directed the PIO of the chief secretary and the PIO of the Industries (Policy) to give categorical information to Kashyap if the possible survey report can only be with SDM of Gandhi Nagar.


The CIC also directed the SDM of Gandhi Nagar to once again check if the survey report is in existence. If it is in existence, this will be provided to Kashyap, the CIC said.


In its order, the Commission also noted that the facts emerging during this hearing appeared to imply that the Supreme Court’s order had not been implemented.


“Appellant (Kashyap) also showed that there was evidence of complaints having been given to the Deputy Commissioner of Industries (Policy) about industries operating in residential areas. He also showed information provided to him by PIO of Factory Licensing MCD (Delhi) asking for 45 industrial connections of water and electricity to be cancelled. He also claimed that 825 notices have been issued vide diary no.2154, 2156 on 26 August 2009 by MCD Factory License Department to SDM of Gandhi Nagar to disconnect water and electricity connections,” the Commission said.


While allowing the appeal, Mr Gandhi then directed the PIOs of Industries Department (policy), chief secretary and sub divisional magistrate (SDM) to provide proper information to Kashyap.




Decision No.CIC/SG/A/2009/003132/6961


Appeal No. CIC/SG/A/2009/003132


Appellant                                            : MK Kashyap                 

                                                            Delhi - 110031.                              


Respondent                                       : SK Singh

                                                            Public Information Officer &

                                                            Dy. Commissioner Industries (Policy)

                                                            O/o Commissioner of Industries

                                                            Govt. of NCT of Delhi

                                                            Udyog Sadan, 419, FIE.

                                                            Patparganj, Delhi-110092


Respondent                                        : OP Wadhwa

                                                            PIO & OSD to Chief Secretary

                                                            Delhi Secretariat, Govt. of NCT of Delhi

                                                            Sachivalaya, I.P, Estate,





4 years ago

Kudos to Mr. Kashyap and the CIC for giving him relief. Apart from financial penalties RTI Act should be amended to include prison terms to officers for not providing information.

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IRCTC fined Rs10 lakh by Delhi consumer forum for overcharging on soft drinks

Delhi residents Sachin Dhiman and Sharnya had alleged that a retail outlet of IRCTC had sold each of them a bottle of Maaza having MRP of Rs12 for Rs15

The New Delhi District Consumer Disputes Redressal Forum has imposed a fine of Rs10 lakh on the Indian Railway Catering and Tourism Corporation (IRCTC) for selling soft drinks above the maximum retail price (MRP) to two customers.


The district forum imposed “punitive compensation” of Rs5 lakh each in two separate cases against IRCTC, a subsidiary of Indian Railways, and said being a government corporation, “it is not expected to be deficient in such matters and cannot come down to level of private dealers”.


“We have considered the case in the perspective of unfair and restrictive trade practices, by a government company which supplies food articles to millions of rail users, who in transit cannot protest or have little choice but to avail services at whatever cost.


“The IRCTC being a government corporation is not expected to be deficient in such matters and cannot come down to level of private dealers,” a bench presided by CK Chaturvedi said.


The forum ordered IRCTC to deposit a fine of Rs10 lakh with the Delhi State Legal Services Authority and also awarded compensation of Rs10,000 each to the two passengers, Delhi residents Sachin Dhiman and Sharnya.


The two complainants had alleged that a retail outlet of IRCTC had sold each of them a bottle of Maaza having MRP of Rs12 for Rs15.


IRCTC, which handles the catering, tourism and online ticketing operations of the railways, was proceeded against ex-parte as no one appeared on its behalf.




2 weeks ago

hello i saw in railway station continuously we are cheated by the shopkeepers of railway station.The packet of chips which i got in normal shops at Rs.10 they charge Rs.15. 1-2 times i found expiry products which is sold just 40% higher then normal rates.While i find this post i found thisindian railways login its an helpful linkl for train ticket booking online

P M Ravindran

4 years ago

Way to go! Will all consumer 'courts' follow suit? That will be the day when consumers can indeed be kings! Right now every tom, dick and harry want to set up shops in India because they already know that the consumers here can be cheated with impunity.

The other day I had just complained about book stalls on railway platform overcharging on newspapers! I am yet to hear from the authorities!

ajay k

4 years ago

the case is the same in the case of cool drinks like cola and mineral water , where we are made to pay excess for cooling charges.


4 years ago

It is a pity that most of the passengers do not know that the menu card is available on railway website. They should keep a printed copy with them and show to the pantry staff inside train if charged more.
I have many times reported the overcharging issue to the Railway Board chairman, and may actions were taken against the pantry contractors. But still in almost all the trains the passengers happily pay more than the prescribed rates, and hardly anyone complains.
If you want to complain on the spot from inside the train you can send your complaint by sms to 08121281212.
To look at the food menu of railways visit the website

Arun Saxena

Kavita Swame

4 years ago

Very good initiative by the passengers. I doubt if IRCTC will obey this court order! It did not even bother to send representation to court. They should be given punishment for this contempt of court too. God save India.

Vaibhav Dhoka

4 years ago

Correct PUNITIVE action.Need of hour.

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