Central Information Commission
Akhilesh Kumar Verma vs Delhi Development Authority on 17 July, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/DDATY/A/2017/106946
Date of Hearing : 13.07.2018
Date of Decision : 13.07.2018
Appellant/Complainant : Mr. AKHILESH KUMAR VERMA
Respondent : PIO/Assistant Director (LAB)
(H)/SFS, Delhi Development
Authority
Through:- Sh. Sushil Kumar -
Assistant Director
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 26.09.2016
PIO replied on : - -
First Appeal filed on : 15.11.2016
First Appellate Order on : - -
2nd Appeal/complaint received on : 01.02.2017
Information soughtand background of the case:
Vide RTI application dated 26.09.2016, the appellant sought information regarding SFS Flat no. 655, Pocket-E, Mayur Vihar, Phase-2, Delhi. He sought following information:-
1. Whether on policy, General Guidelines etc. Provide the details.
2. Whether applicant is owner of the property or GPA holder or has any other interest in obtaining the information.
3. Details of information required and whether desired information pertain to another party or property of which the applicant is not an owner or legal heir.
4. Certified copies of above documents are required by the applicant who is Executor of the 'Will' of Late Shri B.P. Sriwastava.
Having not received any information from PIO, the appellant filed first appeal and same remained unheard. Feeling aggrieved as neither PIO nor FAA furnished the information, the appellant approached the Commission. Facts emerging in Course of Hearing:
Both parties are present for hearing. Appellant narrates that his uncle, who was a bachelor died in Feb 2015, and made the appellant 'Executor' of his Will. Hence in order to deal with the properties as per the Will of the deceased, the appellant required Conveyance Deed of the property. Since the Conveyance Deed was lost, he sought the abovementioned information from the Respondent. Respondent denied disclosure of information vide letter dated 22.12.2016 on the ground that information sought related to a third party. The Appellant rebuts this contention of the Respondent stating that his uncle had left no other legal heir, except the appellant and the appellant had been named as the Executor as per the Will of his uncle, hence legally there existed no impediment in treating the appellant as the legal heir of the deceased.
Respondent has now submitted a new circular No. F.43(327)82/SFS/LAB(H)/DDA/613 dated 07.06.2018, by virtue of operation whereof, the Conveyance Deed can now be made available to the appellant.
Decision:
After hearing the parties and perusal of the records of the case, the Commission is of the considered opinion that appellant has claimed to be the natural legal heir of the deceased. Hence, in the absence of any doubt in this regard, the copy of Conveyance deed cannot be legally denied to him. The letter dated 22.12.2016 whereby the Asstt. Director(LAB)/PIO had denied the information is set aside, being bad in law. In the event of doubt about inheritance, appropriate documents indicating the succession of the heir could be directed to be deposited by the Respondent but outright denial is in contravention of the natural law of succession.
In the light of the aforementioned facts of the case, the Commission notes that the appellant is entitled to the information both as per the Law of Succession and the RTI Act. Since the circular dated 07.06.2018, cited above has further enabled dissemination of the information sought by the appellant, the Commission hereby directs the Respondent-PIO to furnish complete information in response to the queries of the appellant, within one week of receipt of this order. The PIO shall submit a compliance report before the Commission within 29.07.2018.
The appeal is disposed of with the above directions.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P. Grover) Designated Officer