Central Information Commission
Mukesh Kumar Gupta vs Delhi Development Authority on 27 February, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील संख्या/Second Appeal No. CIC/DDATY/A/2023/601012
Mr. Mukesh Kumar Gupta ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO ...प्रनतिािी/Respondent
Assistant Director & Nodal CPIO
Delhi Development Authority
RTI Implementation & Coordination
Branch, C Block, 3rd Floor, Vikas Sadan,
I.N.A, New Delhi - 110023.
Relevant dates emerging from the appeal:
Date of Impugned Order: 02.11.2023
Date of Hearing: 27.01.2024
Order w.r.t disposal of Non-Compliance: 26.02.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
ORDER
1. The issue under consideration is the complaint for non-compliance dated 05.12.2023 of CIC's order dated 02.11.2023 in the above matter.
Page 1 of 52. The above-mentioned appeal of the appellant, Shri Mukesh Kumar Gupta was disposed of by the Commission on 02.11.2023 wherein following observations and directions are given:
"Keeping in view the facts of the case and the submissions made by both the parties and after perusal of the documents available on record, the Commission directs the Respondent to re-examine the RTI application and furnish correct and complete paragraph-wise information to the Appellant, free of cost, in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the date of receipt of this order under the intimation to the Commission.
The Commission cautions the Respondent to be more careful in the future while dealing with the RTI application so that no such lapse would recur and the provisions of the RTI Act are complied with in letter and spirit.
The Appeal stands disposed of accordingly."
3. The Appellant vide his letter dated 05.12.2023 reported non-compliance of the above order stating that :-
"I had filed a 2nd Appeal before the Central Information Commission (CIC) seeking some information in respect of DDA flats and after detailed hearing, Hon'ble CIC had given directions by passing an order dated 02.11.2023.
In response, Delhi Development Authority has given an ambiguous and cryptic reply without providing any clear answer to the queries of RTI related to roof / terrace rights. There is a clear admission to this in the reply dated 17.11.2023 given by DDA, which is enclosed herewith.
It is, therefore, requested that my RTI queries may be again considered in the category of non-compliance by DDA and another date may be fixed for hearing. If deemed appropriate, the concerned Commissioner (Housing) and Director (Housing) of DDA may also be summoned personally for giving me a reply with clarity."
4. The Registry of this Bench vide letter dated 18.01.2024 had sought comments of the CPIO on the non-compliance complaint filed by the Appellant.
Page 2 of 55. The CPIO, in compliance of the order dated 02.11.2023 of the Commission provided the following reply on 17.11.2023 by stating as under:
"This is with reference to your letter No. RTI/2023/LAB-SFS/1078 dated 01.11.2023 containing therewith the Second Appeal No. CIC/DDATY/A/2023/601012 dated 20.10.2023 of Shri Mukesh Kumar Gupta and directed this office to & 6. arrange the reply of Point no. 3, 4, 5 & 6.
With reference to CIC decision in the case of Sh. Mukesh Kumar Gupta vide File No.: CIC/DDATY/A/2023/601012 dated 02.11.2023 in which the Hon'ble Information Commissioner had directed the PIO to furnish a para-wise reply in the matter and the same was received in this office vide Diary no. 1735 dated 02.11.2023 forwarded by Astt. Dir(SFS)-H. In this regard, para-wise reply is as under: -
S.No. Information Sought Reply 3 Whether terrace is a In this regard, it is submitted that Housing
common place for the (coordination) only have policy of permissible all the DDA flat owners additions/alteration in DDA flats which does or it is exclusive not provide the clear answer to the queries of property to the top RTIs related to Roof/Terrace Rights. However, floor owner. please refer to the Policy for Addition, Alterations in DDA flats. Copy of the same can be accessed using the link:
https://dda.gov.in/sites/default/files/Housing %20Department/policy procedure for permission regularization of additions0808202 3 0.pdf.
4 Whether any Same as above
construction is
allowed on terrace if
yes provide me the
details of the same in
DDA flats.
5 Whether the owner of Same as above
ground floor can use
the terrace for the
purpose of
Page 3 of 5
maintenance of water
tank and installed an
additional water tank
for his requirement in
DDA flats.
6 Whether the owner of Same as above
top floor can use the
terrace exclusively for
his own use by putting
locks etc on the terrace
in DDA flats.
"
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in Person.
Respondent: Mr. Mahendra Kumar Meena CPIO, Mr. Rupesh Hooda CPIO, Mr. Sandeep Kumar Nodal CPIO, Present in Person.
The appellant inter alia submitted that the reply given by the respondent was not satisfactory as specific information sought has not been provided till the date of hearing.
The respondent, while defending their case inter alia submitted that in compliance of the CIC's order dated 02.11.2023, point-wise information has been furnished to the Appellant vide letter dated 17.11.2023.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that point-wise information/reply has already been provided by the respondent vide letter dated 17.11.2023 in compliance of the order dated 02.11.2023 of the Commission.
The Commission on perusal of said letter of the Respondent observes that directions of the Commission have been complied with, as available reply/information has been provided to the Appellant, as per the documents Page 4 of 5 available on record. It may not be out of place to mention that under the provisions of the RTI Act, the CPIO is under obligation to provide the information as available on their record, he cannot create information as per the desire of the Appellant. The information which is held by the public authority in material form can only be furnished to the Appellant.
The non-compliance petition is closed.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सूचना आयुक्ि) Date 26.02.2024 Authenticated true copy (अभिप्रमाणित सत्यावपत प्रनत) (R K Rao) Dy. Registrar 011- 26181827 Date Page 5 of 5