Central Information Commission
Shri V.P. Gupta vs Delhi Development Authority (Dda) on 7 July, 2008
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01041 dated 4.11.2007
Right to Information Act 2005 - Section 19
Appellant - Shri V.P. Gupta
Respondent - Delhi Development Authority (DDA)
Facts:
By an application of 27.11.06 Shri V.P.Gupta of Mayur Vihar, New Delhi applied to the D.D.A. seeking the following information:
"Action taken on my application on unauthorized construction by allottee of Flat No. C-15 of the Society."
The application referred to was on a complaint, also dated 27.11.06 regarding alleged unauthorized construction on Flat No. C-15, by construction of a 20" thick wall in the Balcony thus depriving complainant of natural light and air, and asking the Vice Chairman, DDA to take necessary action against the unauthorized construction. As per records submitted by appellant he received a response only on 5.3.07 as follows:
"In this regard it is to intimate that SCN bearing No. F23 (24)84/Bldg/94 dated 22.12.06 issued to the Society under Sec.
30(1) & 31(A) of DD Act was received undelivered from the Postal Authority. The same has been again sent to the Society vide this office letter dated 24.1.07 (copy enclosed) for taking further suitable necessary action in the matter by the Society.
In response to above, the President / Secretary of the Society appeared before the Jt. Director (L&C) Bldg. in public hearing on 8.2.07 stated that the Society has issued letter to concern flat owner C-15 to remove the unauthorized construction within 15 days time, their reply is awaited in this regard."
Aggrieved Shri Gupta moved his first appeal before Commissioner (Lands) DDA on 16.7.07 pleading that he had waited for information about the action taken on his RTI application but has not received any information on this subject.
1However, on not receiving any order Shri Gupta moved his second appeal before us with the following prayer:
"Information about action taken on the unauthorized construction done by Flat No. C-15, East End Apts., Mayur Vihar-1 Extn. Delhi- 110096"
In a further request of 15.4.08 Shri Gupta has submitted that the East End Apartments Cooperative Group Housing Society Ltd. Mayur Vihar Phase-1 Extension, Delhi in its meeting of 30.3.08 has decided as follows:
"Society wrote that as regards removal of non-compoundable deviation, the DDA may proceed as it deems fit under law."
The appeal was heard on 7.7.08. The following are present:
Appellant Shri V. P. Gupta Respondents Shri Vinod Sakle, Director (Bldg) DDA Shri K.K. Bansal, JE (Bldg) Shri A. K. Manna, Jt. Director (Bldg) Respondents submitted a file with a covering letter of 4.7.08 addressed by Shri Vinod Sakle, Director (Bldg) to the Jt. Registrar, CIC attaching the complete copies of the correspondence with Shri V.P. Gupta, Appellant. In this Shri Sakle has submitted that in fact the original application of Shri Gupta of 27.11.06 was responded to in time on 26.12.06. A copy of this letter is attached and reads as follows:
"After inspection of the unauthorized construction at site, actions as per DD Act 1957 has been initiated by issuing the notice to Show Cause and Hearing under Section 30(1) & 31-A of DD Act to the Society vide letter dated 12.12.06"
He has further submitted that the applicant Shri Gupta has thereafter submitted a series of letters together with appeals which have all been replied to, and copies of which have been appended with his submission to us, in which he 2 also mentions that no fee in addition to the initial Rs. 10/- has been charged, despite the fact that these should have been treated as fresh applications.
Appellant Shri Gupta was asked by us as to what information was now awaited from the public authority, in this case the DDA, which had informed him of the steps taken on his complaint. Shri Gupta submitted that since respondents had informed him that they were initiating action, the fact that they have not completed this action, would infact show that information supplied by them is misleading, particularly in light of the decision of East End Apartments Cooperative Group Housing Society Ltd. Mayur Vihar Phase-1 Extension, Delhi in its meeting of 30.3.08, quoted in his letter of 15.4.'08.
DECISION NOTICE Having heard arguments and perused the file, we find that the PIO Director (Bldg) has in no case informed the applicant on completion of any action against the unauthorized construction. They have also informed applicant Shri Gupta that they have found the construction unauthorized. Under the RTI Act the exercise of the right to information by any citizen involves access to information which is held by or under the control of any public authority and includes the right to:
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
The definition of information is also clear u/s 2(f) which reads as follows:-
2(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;3
From the above, it may be seen that what Shri Gupta seeks is grievance redress, and no longer only information. The information that he has sought in this matter has infact already been provided to him in the very first response of 26.12.06, which is also provided within the time limit mandated u/s 7(1).
The appeal is, therefore, unsustainable and is hereby dismissed. However, since the applicant's complaint has been pending before DDA for a considerable period, regarding a construction already found to be unauthorized, it would be fitting for Shri Vinod Sakle, Director (Bldg) DDA to expedite action on Shri Gupta's complaint, he being a citizen obviously in some distress.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 7.7.2008 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.
(Pankaj Shreyaskar) Joint Registrar 7.7.2008 4