Central Information Commission
Shri Virender Gulati And Shri Surinder ... vs Delhi Development Authority on 31 December, 2008
42 LS Virender GulatiDDA 31 12 5 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/LS/A/2008/00042
Appellant: Shri Virender Gulati and
Shri Surinder Sharma
Public Authority: Delhi Development Authority
(through Shri D.N. Nimesh, Joint Director,
DDA and Shri P.K. Srivastava, AE)
Date of Hearing: 31/12/2008
Date of Interim Order 31/12/2008
FACTS:-
In the letter dated 22/10/2007, jointly signed by the Appellants, it has been mentioned that Shri S.C. Sharma, owner of flat No.B-11/55, MIG Flats, Sector-18, Rohini, Delhi, has unauthorisedly constructed a full-fledged flat on the terrace, thereby depriving other residents of these flats of the use of the terrace and they have requested for the demolition of the unauthorized construction etc. Joint Director(H)(II), vide his letter dated 22/11/2007, had written to Deputy Zonal Commissioner, MCD, mentioning therein that the building under reference fell in the jurisdiction of MCD and a copy of this letter was marked to the Appellant.
2. Thereupon, Superintending Engineer-II, Rohini Zone, MCD, vide his letter dated 16/09/2008, had informed the Appellants that the flat in question did not fall in the jurisdiction of MCD and advised them to pursue the matter with DDA.
3. As neither DDA nor MCD is owning up these flats, the Appellant has filed the present Appeal before this Commission.
4. The matter was heard on 31/12/2008. The Appellant Shri Gulati appeared before the Commission. The DDA is represented by the officers named above.
5. The core issue is as to whose jurisdiction prevails on the flats in question, i.e., whether that of MCD or DDA? The DDA officers present before the Commission submit that they handed over the service and building activities in regard to these flats to MCD vide letter dated 10/08/1999 but concerned MCD Officers are not before the Commission to admit or deny it.
INTERIM ORDER
6. For resolving the above issue, notices may be issued to the following officers for their presence before the Commission on 27/01/2009 at 13.00 Hrs.:-
(i) Smt. Asma Manzar, Commissioner (Housing), DDA
(ii) Shri D.N. Nimesh, Joint Director (Housing)(Enforcement), DDA
(iii) Shri Naresh Kumar, Addl. Commissioner, MCD; and
(iv) Superintending Engineer-II, Rohini Zone, Sector-5, Rohini.42 LS Virender GulatiDDA 31 12 5 2
7. The above named officers are directed to bring along with them the relevant records and come fully prepared for the hearing.
Sd/-
(M.L. Sharma) Central 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.
(K.L. Das) Assistant Registrar Tele: 011 2671 73 53