Central Information Commission
Mr.Rahul Gupta vs Ndmc, Gnct Delhi on 25 May, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000677/12516
Appeal No. CIC/SG/A/2011/000677
Relevant facts emerging from the Appeal:
Appellant : Mr. Rahul Gupta
158-Munirka Vihar
New Delhi - 110067
Respondent (1) : Mr. Mohan Kumar
PIO & Dy. Secretary Department of Urban Development, GNCTD 10th Floor, "C" Delhi Secretariat, New Delhi (2) : Dy. Chief Architect & PIO NDMC Palika Kendra, Sansad Marg, New Delhi -1 RTI application filed on : 31.12.2010 Transfer Application : 11.01.2011 PIO replied on : 20.11.2010 First Appeal filed on : 30.12.2010 First Appellate Authority order of : --------------
Second Appeal received on : 10.03.2011 Information Sought:
Information was sought on 14 points regarding the allotment of plot on which Hotel Leela Kempinski currently exists. Information about the plot, the manner of exchange ,offer etc made have been carried on according to correct procedure. The appellant states that information is not received on points 1 to 8:
1. What is, was the role of Govt of NCT of Delhi, Department of Urban Development (GNCD), NDMC, ODA, and/or Ministry of Urban Development (Govt. of India) in making the allotment of the plot or piece of land ( on which Hotel Leela Kempiski exists presently) located near Chankyapuri railway line underpass at Diplomatic Enclave, Chanakyapuri. In relation to above.rnentioned RTI point no. 1:
2. Please provide complete details i.e. plot size, reserve price, final & accepted bid amount name of successful original bidder? allottee, date of issuance of allotment, bid acceptance letter, details of payments received and date of handing over the possession of plot. Also provide the copy of original sale lease condition of this Hotel plot piece of land cluster.
a) How the "reserve price of this piece of land cluster/Hotel plot" was determined? Please provide exhaustive details and permit me the inspection of related document file.
b) What was the Sale/Lease Tender process? Please permit me the inspection of related documents & file(s).
c) What was the criteria of finalizing the financial as well as technical bid process? Please provide complete details.
How many bidders made an attempt to acquire this plot? Please provide complete details i.e. names and addresses of the bidders.
Page 1 of 33. If this "Hotel plot' has already exchanged the hands i.e. has already been sold/ transferred by the original successful bidder/ allottee to intermediate owner(s) and/ or to current occupier/ lessee/ owner; please provide the complete details of such exchange/ transfer/ sales.
a) If so, on what basis the original lessee/owner or intermediate lessee/owner was permitted to transfer/ sale this plot to the succeeding and present occupier/ lease/ owner?
b) If so, at what price such a sale, transfer was permitted by NDMC / DDA and or concerned departments?
c) If so. has the lease/ allotment conditions also been changed with each such transfer/ sale? Please provide the copy of such changed lease/ sale conditions and give reasons of making such a change and provide the copies of such change/lease condition(s).
d) It so, has the NDMC and or DDA or concerned department(s) of GNCTD and or Ministry of Urban Development (GOl) already collected "Unearned Increase on account of such re-sale/ transfer? Please provide complete details including the details of payments received.
4. Prior to 'offering this plot for Hotel", what was the "original/earlier land use" of this plot, what specific purpose, this plot was being used and who was holding the possession of this plot? If there was/ is a change in and use' at a later stage, please provide reasons and complete details of such land use change? Also permit me the inspection of related file(s)
5. Fact is that "Jhuggi -- Jhopdi" also existed on this piece/ cluster of land". Has Govt of NCTD and or Ministry of Urban Development (GOI) and/ or any of its civic agencies incurred thy expenses on account of relocating these "Jhuggi-Jhopdi"? If so, please provide complete details of expenses made for this purpose and exhaustive reasons thereof.
6. As the plot is situated in "Highly Sensitive, High Risk/Vigilant and Highly Protected Area' and the President House, Parliament, Prime Minister's residence are within the aerial distance of not more than 3-5 Km has such a "risk factor' been well taken care of while permitting a new Hotel of 7-9 story on this plot and NOC has already been acquired from Airport Authority of India, AI Traffic Controller and concerning Security Agencies? Please permit me the inspection of related documents and files.
7. As the Hotel Plot is situated at an "already crowded area' and traffic congestion is already on that stretch and there is only one narrow approaching road to this Hotel without any easy & open Parking space nearby, for hurdle free & easy traffic movement in this VIP area, was Delhi Traffic Police consulted/ informed about such a Hotel on this plot and NOC obtained? Please permit me the inspection of related documents and tiles.
8. Has the 'owner of the plot" or "Hotel Leela Kempinski already paid, all dues and/ or demands up to date Vacant Land Tax, House Tax. Fire Tax, Hotel Tax and or any such other demands dues of the GNCTD, MoUD (GOI), NDMC, DDA, Tourism Department, Excise Department and other concerning civic agency/ agencies?
a) If Yes, please give exhaustive details of such demand raised and already paid by the owner of plot' and/ or Hotel.
b) If No, complete known as well as probable reasons/ facts and already initiated action by the concerning department/ agency on account of recovery of such pending dues.
c) Has any relaxation, of extending the dead line for making such dues & Govt. demands, been given in past? If Yes, please provide complete details and reasons thereof.
d) Has already raised? legitimate dues & Govt. demands, been reduced and? or abandoned any time in past? If Yes, please provide complete details and reasons thereof. Permit me the inspection of related documents! files.
Reply of the Public Information Officer (PIO):
Pursuant to the Transfer order , the applicant accessed the Building Plans of Leela Hotel Grounds for the First Appeal:
The information accessed provided only part information against question # 9,10,11 & 12 . Thereafter the PIO denied the existence of the RTI Application with the department.
Order of the First Appellate Authority (FAA):
(N.A.) No reply was received from the FAA.Page 2 of 3
Ground of the Second Appeal:
The Chief Architect/PIO,NDMC has refused the existence of the RTI application or the transfer order..The First Appellate did not reply to the appeal even at the end of 45 days. Information received only on queries 9 to 12 consequent to the inspection.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Rahul Gupta;
Respondent : Mr. Mohan Kumar, PIO & Dy. Secretary, Department of Urban Development;
The Appellant states that he has received information on all the queries except queries 06 & 07. Since NDMC has sanctioned the project it must provide information on queries 06 & 07 of the Appellant. If points listed at quires 6 & 7 are not taken into the account, this should be stated.
Decision:
The Appeal is allowed.
The PIO of NDMC is directed to provide the specific information on queries 06 & 07 as described above to the Appellant before 10 June 2011. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 25 May 2011 (In any correspondence on this decision, mention the complete decision number.) (MC) Page 3 of 3