Dear All, Here is a further update on the Commission s effort to get meaningful section 4 compliance of the RTI Act.

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1 From: on behalf of Shailesh Gandhi Sent: 13 August :14 To: com; satyam. anjali. Subject: Central information Commission, Section 4: Commonwealth Games Dear All, Here is a further update on the Commission s effort to get meaningful section 4 compliance of the RTI Act. We at the Commission have always stressed that under Section 4 of the RTI Act, more and more meaningful and substantive information should be made available in the public domain. This may act as deterrence for the corrupt people to put an end to their indulgence and improve accountability and transparency in the system. Unfortunately Information Commissions and the Government have paid very little attention to the requirements of Section 4 and its implementation. If details of the money being spent on the Commonwealth Games projects, their deadlines, the terms and conditions of the contracts had been put on the websites and continuously updated, the brazen purchase of things at ten or twenty times their worth may not have been possible. When information about all this is in public domain, various people would have sounded the alarm if anything very brazen was being done. If people knew about the deadlines for the works, the budgeted amounts and the overruns they would have questioned the authorities. The Commission has taken cognizance of the disturbing reports about the projects of the Commonwealth games and directed NDMC and the Delhi Government s various agencies to put up on the website information relating to details of tenders, nature of the work, details of the appointment of the Consultants/NGO s etc (directions enclosed and also attached) with regard to the implementation of the Commonwealth Games projects. The Commission has sent orders to this effect on 6 August 2010 to the Chief Secretary of the Delhi Government and the Chairman of NDMC. In the next few weeks all citizens should be able to get this information. Regards Rajorshi (On behalf of Mr. Shailesh Gandhi) Office of Mr. Shailesh Gandhi Central Information Commission Club Building, Opp. Ber Sarai Market Old JNU Campus, New Delhi Tel No

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4 6 August 2010 To Mr. Rakesh Mehta Chief Secretary Govt. of National Capital Territory Delhi Sachivalaya, Delhi Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005 Dear Mr. Mehta It has come to the Commission s notice that a lot of information relating to Tenders issued for the Commonwealth Games and other development work in Delhi in the last 5 years is not available in the public domain and disclosures under Section 4 of the Right to Information Act 2005 have not been made in this regard. As you are probably aware, disclosures in accordance with Section 4, RTI Act are crucial to ensure transparency and accountability in institutions. This would reduce the load of RTI Applications being filed with each institution as information would be freely available to citizens and they would not have to apply for it. It appears from the websites of the different departments of the Delhi Government (ex. MCD, NDMC, Urban Development, PWD, Rural Development, Irrigation and Flood Control, Delhi Jal Board, DSIIDC etc.) who are responsible for implementing these projects, that certain disclosures have not been made till date. The Commission hereby directs the Delhi Government to fulfill its obligations under the RTI Act and specifically make the following information available by 15 September 2010: SL No Nature of Work Date of Tender Estimated Value of Tender No. of Tenderers who had applied Name of successful contractors Date of awarding the work. Estimated life of the completed project Total Date of amount paid Completion to the of work. contractor. Penalties levied for the delay. The period of delay

5 This information should be made available on the websites of the concerned Departments. This information should be updated on a monthly basis. I look forward to receiving a Report from your institution by 20 September You may send the Report to rtimonitoring@gmail.com. The Report must include: 1. Measures taken to fulfill disclosure obligations under Section 4 including making information available on your official website. 2. Measures put in place to ensure regular updating of the information uploaded on the websites. I look forward to your continued cooperation to make sure that the RTI Act is implemented in its full spirit in your institution. Shailesh Gandhi Information Commissioner 6 August August 2010 To The Chairperson New Delhi Municipal Council (NDMC) 3 rd Floor, Palika Kendra, Sansad Marg, New Delhi Subject: Suo moto disclosure under Section 4 of the RTI Act, 2005 It has come to the Commission s notice that a considerable amount of information relating to appointment of Consultants/NGOs for implementation of Commonwealth Games projects and other regular development work during the last 5 years in Delhi is not available in the public domain and disclosures under Section 4 of the Right to Information Act 2005 have not been made in this regard. As you are probably aware, disclosures in accordance with Section 4, RTI Act are crucial to ensure transparency and accountability in institutions.

6 This would reduce the load of RTI Applications being filed with each institution as information would be freely available to citizens and they would not have to apply for it. The Commission hereby directs the Council to fulfill its obligations under the RTI Act and specifically make the following information available by 30 August 2010: 1. Details of Consultants/NGOs engaged/appointed for implementation of Commonwealth Games Projects and other development work in Delhi in the last 5 years ( ). Sl. No Date Date of appointment Name of the Consultant/ NGO. Brief Description of scope of work. Period for which the Consultant/NGO is engaged. Value of work allotted. Total payment made to the Consultant/NGO so far. This information should be made available on the website of NDMC. The information should be updated on a monthly basis. I look forward to receiving a Report from your Department on the action taken in this regard by 5 September Shailesh Gandhi Information Commissioner 6 August 2010

7 Details of Consultants/NGOs engaged/appointed for implementation of Commonwealth Games Projects and other development work in Delhi in the last 5 year ( ) M/s. Raja Aederi Consultants Pvt. Ltd. Sub:- Imp./Upgradation of Shivaji Stadium for Consultant Services. 12 months or till completion of work Increasing of scope of work (b) Shivaji Stadium 3% of the estimate cost of Rs crores or the actual cost which ever is less with a capping fee of lumps sum amount as Rs.2.00 crores. This is in addition to the already awarded of the project cost (Rs crores)/lump sum amount of Rs lacs. Sl.No. Date of appointment Name of Consultant/NGO. Brief Description of scope of work Period for which the Consultant/NGO is engaged Value of work allotted Total payment made to the Consultant/NGO so far. Sub:- Imp./Upgradation of Talkatora Indoor Stadium for Consultant Services. Increasing of scope of work. 3% of the estimate cost of Rs crores or the actual cost M/s. Raja Aederi Consultants Pvt. Ltd. 18 months or till completion of work which ever is less with a capping fee of lumps sum amount as Rs.2.25 crores. This is in addition to the already awarded of the project cost (Rs crores)/lump sum amount of Rs lacs Rs.44,76,310/- (a) Talkatora Indoor Stadium Rs.36,28,000/ Feb-09 M/s. SGS India Pvt. Ltd. Delhi Integrated Multi Model Transport System (DIMTS) 5 Jan-07 M/s SENES Consultant India Pvt. Ltd. Sub:- Third Party Inspection/Quality Assurance Services for the works. (a) Talkatora Indoor Stadium:- Imp/Upgradation of Talkatora Indoor Stadium & Add./Altn. including all 18 months electrical, civil, fire-fighting, lifts, HAVC, landscape, ESS etc..1,06,20,000/- Rs.1,09,03,200/- (b) Shivaji Stadium:- C/o new block & basement including electrical, ESS, fire-fighting, lifts, HVAC and 12 months landscape etc. Submission of Bidding Document 5 Month PPP Project with Consultant Fee as Rs Lacs Rs Lacs (Job of Consultant is over. Technical Evaluation Financial Evaluation Holding Meetings with Evaluation Committee for Finalization of Successful Bidder Preparation of Draft Concession Agreement. For smooth implementation and operation of the "PPP Initially for a period of 3 Years & extended further for Project for Collection and Transportation of MSW in selected NDMC Circles" 2 years. {The project for which Independent consultant is appointed is for 8 years w.e.f. September 2006 as per the agreement and presently a sum of Rs. 82,444,42+ Service tax (per month) is paid to independent Consultant, for which 50% share is born by the concessionaire (M/s Ramky Energy & Environment Ltd.) Consultant is appointed for smooth implementation and operation of the "PPP Project for collection and Transportation of MSW in selected NDMC Circles", {the concessionaire is Rs. 15,64,085/- during from July 2007 to December 2009, appointed for collection and transportation of MSW in NDMC payment due from January & paid a sum of Rs. 468/- per MT as tipping fees for lifting and transportation of MSW to SLF} 6 Jan-07 Independent Engineer For smooth implementation and of the "PPP Project for Repair/Renovation, Operation & Maintenance of 94 PTUs of South of Rajpath." Independent Engineer is appointed for six months basis & the terms is extended for further six months as per the agreement. {The project for which independent Engineer is appointed is for 7 years w.e.f. April 2006 as per the agreement and presently a sum of Rs /- (per month) is paid to independent Engineer, for which 50% share is born by the concessionaire (M/s Hythro Engineers Pvt. Ltd.} Independent Engineer is appointed for smooth implementation and operation of the "PPP Project for Repair / Renovation, Operation & Maintenance of 94 PTUs of South of Rajpath" the concessionaire is paying a monthly licence fee to NDMC as per the concession agreement, no amount is paid by the NDMC} Sh. Md. Nizamuddin - Rs. 1,00,000/-, Sh. P.C.Shrivastava - Rs. 1,47,580/- during , & Sh. B.S.Saini - Rs. 4,87,497/- during from September 2008 Till Date. Total Amount Rs. 7,35,077/-

8 Scope of Work for M/s IDFC - Preparation and floating of Request for Quotation (RFQ) and Request for Proposal (RFP) for selection of During Tender Stage - M/s successful bidder. - Evaluation of all IDFC as a Bid Manager for Development of the documents submitted by the bidding firm. Integrated Multi Level Parking cum -Holding of meetings and negotiations, if any in the commercial complex at Baba Kharag Singh presence of Evaluation Committee for declaration of Marg, Sarojini Nagar AND KG Marg. successful bidder. -Preparation of draft concession agreement. 23 weeks Rs lakhs Rs lakhs work of bid Manager is over Review, monitor the activities related to design, construction, operation & maintenance of project. M/s DIMTS Rs lacs During Construction state: - M/s DIMTS for BKS Marg and Sarojini Nagar Parking. 36 Months Rs. 5.5 lacs per month for M/s DIMTS M/s Meinhardt Singapore Ptd. Ltd. For KG Marg Parking. Report to the parties on various physical, technical and financial aspects. Assistance in arriving at an amicable settlement of disputes. Safety and traffic management review. Monitoring the performance and progress of the Concessionaire. 36 Months Rs lacs per month for M/s Meinhardt Singapore Pte. Ltd. M/s Meinhardt Singapore Ptd. Ltd. Rs lacs M/s IL& FS as a Bid Manager for Redevelopment of Cinema Complex at Yashwant Place, Chanakya Puri. Advice on a suitable product mix for the development of the complex as a leisure cum commercial centre with a view to mazximze revenures for the NDMC and to provide better facilities for public. Suggest at least two conceptual drawings for redevelopment. Advice relating to the possible model of development, marketing and maintenance which could include the Built operate Transfer Mode (BOT.) To list out all the possible modes of redevelopment of the complex with their benefits and shortfalls and thereafter advice on the best model of development Rs lakhs Rs Lakhs WORK OF BID MANAGER IS OVER 11 Dec-06 M/s IL&FS For Development Construction, Operation maintenance of an Integrated Municipal Solid Waste Processing & Disposal at Compost Plant, Okhla Primary Date Collection Statutory clearances Prefeasibility report Detailed Project Report Enabling arrangements Bid Process Preparation of Bid documents Bidding process Management Evaluation and Selection of successful bidder Valid for the duration of the project i.e. 30 years. IL&FS will Meet the expenses incurred during the project development. All project development. All expenses So incurred by IL&FS will be capitalized and will be recovered from the successful bidder/developer. No project development expenses are to be borne by NDMC. NIL Diagnostic study & outline of parameters for private sector involvement. Project dealing and Preparation of a Draft Contract Agreement. M/s IDFC LTD. As bid manager for Collection Preparation of the bid documents. & Transportation of Municipal Solid Waste in Bidder invation and interaction. NDMC Area. Bid evaluation Commercial negotiation and award of contract. 22 weeks Rs lakhs Rs Lakhs WORK OF BID MANAGER IS OVER I.I.T, Delhi Consul. Fee for Design of damaged storm water barrel inside Cemetery, Khan Market. Four Months Rs. 24,64,788/- Rs. 3,37,080/-

9 14 C.R.R.I, New Delhi Consul. Fee for design & specification for development of parking within Safdarjung flyover, const. new roads in & around etc. development circulated plan for movement of Bus, Car, Two Wheeler etc. Four Months Rs. 1,42,73,474/- Rs. 3,00,000/- 15 Design Action Group Consul. Fee for designing work for i) Providing Park and ride and holding facilities at Safdarjung Airport. (Common Wealth Games- 2010). 12 Months Rs. 30,62,61,338/- Rs. 9,22,108/- 16 M/s Engineer India Limited Redevelopment of Connaught Place Project (Government of India Undertaking) Trunkey Consultancy Consultant to Rs 48,00,00,000/- Rs. 14,85,57,116/ M/s Creators Streetscapping of Subramania Bharti Marg Till completing of the work Rs. 13,63,057/- Rs. 8,78,667/- 18 Sikka Associates Street Scapping and Beautification of Aurobindo Marg upto completion of work Rs. 23,94,000/- Nil 19 Sikka Associates Street Scapping and Beautification of Brig Hoshiyar Singh Marg upto completion of work Rs. 22,00,000/- Nil M/S Oaisis Designs Incorporate 3172 Sector-A Pocket-B, Vacant Kunj, New Delhi M/S Oaisis Designs Incorporate 3172 Sector-A Pocket-B, Vasant Kunj, New Delhi M/S Oaisis Designs Incorporate 3172 Sector-A Pocket-B, Vasant Kunj, New Delhi M/S Oaisis Designs Incorporate 3172 Sector-A Pocket-B, Vasant Kunj, New Delhi M/s Creator Architects & Interior Desingners KD-130, Pitampura, New Delhi-88 M/s Creator Architects & Interior Designers KD-130, Pitampura, New Delhi-88 M/s Creator Architects & Interior Designers KD-130, Pitampura, New Delhi-88 M/s Creators, KD-130, Pura, New Delhi. M/s. Delhi Integrated Multimodel Transit System, Govt. of Delhi M/s Five-M Energy Pvt. Ltd. the NDMC for the work of "Streetscaping of Beautification of Single package of Niti Marg, B.K.S Marg, Mandir Marg, Tees January Marg, Tees January Lane, the NDMC for the work Redelopment of Hanuman Mandir Vatika, the NDMC for the work Streetscapping of Old R.K. Ashram Marg, the NDMC for the work Streetscapping of Udyan Marg the NDMC for the work Streetscapping of Park Street the NDMC for the work Streetscapping of Sardar Patel Marg Streetscapping and Beautification of road Park street and Old R.K.Ashram Marg, (From Park street to Mother Teresa Crescent) Development, Landscape/Streetscaping of Mother Teresa Crescent Road Design and construction of Foot over bridges, pedestrian subway and underpasses on Turnkey Basis in NDMC area. To provide consultation for Mechanical, Electrical, Plumbing, Acs, Fire Safety for the work of upgradation & remodeling of Plaika Bazar Connaught Place & other Projects. One Year or Upto the completion of Streetscaping works One Year or Upto the completion of Streetscaping works One Year or Upto the completion of Streetscaping works One Year or Upto the completion of Streetscaping works One Year or Upto the completion of Streetscaping works 8 Months or Upto the completion of Streetscapping works 8 Months or Upto the completion of Streetscapping works Rs. 51,00,000/- Rs. 27,50,000/- Rs. 26,91,013/- Rs. 21,52,810/- Rs. 10,36,095/- Rs. 4,66,243/- Rs. 7,72,000/- Rs. 3,47,400/- Rs. 12,20,925/- Rs. 4,27,324/- Rs. 23,00,000/- Rs. 18,08,996/- Rs. 12,20,925/- Rs. 10,97,465/- Till completing of the work i.e Rs. 15,00,000/- Rs. 12,00,000/- 18 Months Rs. 7,09,00,000/- Rs. 2,43,78,837/- 3 Years Rs crore Rs lacs

10 Jan M/s SENES Consultant India Pvt. Ltd. Independent Engineer 31 Jan C.R.R.I, New Delhi For smooth implementation and operation of the "PPP Initially for a period of 3 years & extended further for Project for Collection and Transportation of MSW in 2 years. {The Project for which Independent selected NDMC Circles" Consultant is appointed is for 8 years w.e.f. September 2006 as per the agreement and presently a sum of Rs. 82, service tax (per month) is paid to Independent Consultant, for which 50% share is born by the concessionaire (M/s Ramky Enrgy & Environment Ltd.)} Consultant is appointed for smooth implementation and operation of the PPP Project for Collection and Transportation of MSW in selected NDMC Circles, {the concessionaire is appointed for collection and transportation of MSW in NDMC & paid a sum of Rs. 468/- per MT as tipping fees for liting and transportation of MSW to SLF.} Rs. 15,64,085/- during from July 2007 to December 2009, payment due from january2010. For smooth implementation and operation of the "PPP Independent Engineer is appointed for smooth Independent Engineer is appointed for six months Project for Repair/Renovation, Operation & 94 PTUs of implementation and operation of the "PPP Project for basis & the terms is extended for further six months as South of Rajpath". Repair/Renovation, Operation & Maintenance of 94 PTUs of Sh. Md. Nizamuddin - 1,00,000/- during per the agreement. {The Project South of Rajpath". {The concessionaire P.C. Shrivastava - Rs. 1,47,580/- during for which Independent Engineer is appointed is for 7 appointed for "PPP Project for Repair/Renovation, Operation & Sh. B.S. Saini - Rs. 4,87,497/- during from years w.e.f. April 2006 as per the agreement and Maintenance of 94 PTUs of South of Rajpth" the concessionaire September 2008 till Date Total amount Rs. presently a sum of Rs.25000/- (per month) is paid to is paying a monthly licence fee to NDMC as per the concession 7,35,077/- Independent Engineer, for which 50% share is born by agreement, no amount is paid by the NDMC} the concessionaire M/s Hythro Engineers Pvt. Ltd.)} consultancy fee of two flyover for "Rehabilitation of safdarjung flyover" micro surfacing work Four Months 1,42,73,474/- 1,96,630/ I.I.T., Delhi C.R.R.I, New Delhi C.R.R.I, New Delhi C.R.R.I, New Delhi Delhi College of Engg. consul. Fee for Design of damaged storm water barrel inside cementary, Khan Market consul. Fee evaluation of Nazaf khan Rd for its widening consul. Fee for testing of retro reflectivity of sheeting of road signage (three leaf) consul. Fee for design & specification for development of parking within safdarjung flyover. Const. new roads in & around etc. development circulated plan for movement of bus, car, two wheeler etc. consul. Fee for third party Quality assurance for the work pavement improvement programme Sh. Improvement to footpath under jurisdiction of sub division - II of EE(R-II). consul. Fee for third party quality assurance for the work of 1. Round about Improvement plan during Sh. Providing and laying 25mm thick mastic asphalt concrete wearing course at claridge hotel round abut and crossing of prithviraj Road with Rajesh pilot Road. Four Months 24,64,788/- 3,37,080/- Four Months 80,36,995/- 2,24,720/- Four Months 64,93,053/- 4,41,200/- Four Months 1,42,73,474/- 3,00,000/- twelve months 4,75,15,299/- 5,20,789/- Nine Months 4,48,921/- 1,84,032/ Delhi College of Engg. 2.S/R of Roads in NDMC area Sh. Imp. To central verge & footpath at Arch Bishop Marg and Subramaniyam Bharti Marg. 3. S/R of roads in NDMC area during Sh. Imp to footpath of Maxmullar Marg, Maharishi Raman Marg, Barda Ukil Marg and footpath along compound wall of Rabindra Nagar and Amrita Sher gill Marg. 1,46,72,451/- 1,52,15,252/- 4. S/R of Roads in NDMC area. Sh. Providing mastic asphalt concrete wearing course at Q point Round about and Amrita Sher Gil Marg and South End Road 53,35,283/- round about. consul. Fee for third party Quality assurance for testing of retro reflec tive sign board for the work of - Six Months 13,23,600/ C.R.R.I, New Delhi 1- Installation of Road Signanges in NDMC Area. Sh. Providing and fixing Road Signages on corridors comprising of road in NDMC area related to C.W.G for the corridors, no. 1,2,15,19,and 28 (Package I). 2- Installation of Road signanges. Sh Providing and fixing road signage's on 28 corridors comprising of roads in NDMC area related to CWG-2010 (corridors no. 4,5,6,8,9,10,11,17,18,20,22,26). 3,58,91,604/- 3,44,44,403/-

11 3- Installation of Road signages. Sh. Providing and fixing road signage's on 28 corridors comprising of roads in NDMC area related to CWG-2010 (corridors no. 3,7,12,13,14,16,24,25,27) 3,27,34,398/ Delhi College of Engg. consul. Fee for third party Quality assurance for the work of - 12 Months 16,88,693/- 1- providing park and ride and holding facilities at safdarjung airport (common Wealth Games-2010) 30,62,61,338/ Delhi College of Engg Delhi College of Engg. consul. Fee for third party Quality assurance for the work of - Nine Months 2,60,44,229/- 2,87,268/- 1- pavement improvement programme (Phase-I) Sub Head: Improvement to footpath at Safdarjung Road and Akbar Road consul. Fee for third party Quality assurance for the work of- Six Months 5,22,877/- 1- Park and ride and holding facilities at safdarjung airport connected with CWG-2010 Sh. Providing 4,17,99,483/- Utilities structure (civil & Elect. Work) 2- S/R of roads in NDMC. Sh: Improvement to Existing footpath at Iind and IIIrd Avenue Lodhi Colony. 56,05,462/ C.R.R.I, New Delhi C.R.R.I, New Delhi 45 07//10 Design Action Group consul. Fee for third party quality assurance for the work of - 1- Installation of Road Signages in NDMC Area. Sh. Providing and fixing Road Signages on mentioned roads (other than 28 corridors) in R-II & R-III Division of NDMC area (Part-II). 2- Installation of Road Signages in NDMC area. Sh. Providing and fixing roads signages on mentioned roads (other than 28 corridors) in chanakya puri & adjoining area & service roads of aurbindo Marg (P- III). 3- Installation of Road signages. Sh. Providing and fixing road signage's on mentioned road (other than 28 corridors) in North of Raj Path & Traffic suggested signages in NDMC area (Part-I). Consul. Fee for third party quality assurance for the work of - 1- S/R of roads in NDMC area. Sub- Head: Providing Mastic Asphalt treatment at Safdarjung flyover and on its slip roads. 2- S/R of roads in NDMC area. Sh. Providing Mastic asphalt concrete wearing couse ast crossing of Janpath- Maulana Azad Road and Round about of Tuglak Road - tees January Marg - Akbar Road Krishan Menon Marg (methi Circle). consul. Fee for designing work for- 1- Providing park and ride and holding facilities at safdarjung Airport (Common Wealth Games-2010). Six Months 14,89,050/- 2,69,37,187/- 2,87,31,614/- 3,01,48,235/- Four Months 5,29,440/- 1,42,73,474/- 46,43,650/- 12 Months 30,62,61,338/- 9,22,108/-