Central Information Commission
Mr.Rahul Gupta vs Ndmc, Gnct Delhi on 1 June, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000789/12642
Appeal No. CIC/SG/A/2011/000789
Relevant facts emerging from the Appeal:
Appellant : Mr. Rahul Gupta,
158- Munirka Vihar,
New Delhi -110067
Respondent : Mr. Rakesh Goyal
PIO & Dy. Chief Architect, Department of Architecture and Environs, NDMC, Palika Kendra, Sansad Marg, New Delhi-110001 RTI application filed on : 12.11.2010 PIO replied to application on : 29.11.2010 First Appeal on filed on : 19.01.2011 First Appellate Authority order of : 24.02.2011 Second Appeal received on : 22.03.2011 Information Sought:
1. Has the plot located at Diplomatic Enclave, Chankyapuri, New Delhi - 110023 in NDMC area been sold/allotted/provided by the NDMC?
2. If yes, then to whom this Hotel Plot has been sold?
3. If this Hotel Plot Project has not been sold/allotted by NDMC, which civic agency of Delhi Govt. or Central Govt. has sold/allotted this Hotel Plot?
4. Has this Hotel plot been sold/allotted/provided with an original or changed pre-condition to make this Hotel fully operational before the start of Common Wealth Games --2010? If yes, then details should be provided.
5. Complete details of Hotel Plot(s) sold through open auction/provided/allotted through preferred allotment by NDMC in last 3 years, which falls in NDMC area.
6. Complete details including name of successful bidder(s), plot size, final & accepted bid amount, date of issuance of allotment, bid acceptance letter, date of handing over the possession of plot and the name of new owners (if any change, has taken place afterward).
7. Complete details of originally permitted FAR, percentage of ground coverage, numbers of floors including nos. of basement and total nos. of Hotel Rooms for these individual Hotel plot(s)/project(s).
8. Exhaustive details of time limit/dead line/cut-off date to complete these Hotel projects.
9. According to the original Sale conditions, how many of these Hotels were supposed to be completed before the start of the Common Wealth Games- 2010?
10. Have all these Hotel projects, already been completed on scheduled date?
11. If these Hotel projects have not been completed on the scheduled dates, then the details of uncompleted Hotel projects and the reasons for delay. Also permission for the inspection of related files documents.
12. Appropriate action initiated in case of any violation of Terms & Conditions (original and/or changed at a later stage) of sale/allotment by the owners of these Hotel plots.
13. Reason for complete and latest information not being available on NDMC website in regard of who the IPO/Banker's Cheque/DD is to be drawn, if the RTI application is being sent by post.
Reply of the PIO:
The applicant was asked to come for inspection of the file on any working day as the information sought was voluminous. Applicant could also obtain the copies of required documents after paying the requisite fees of Rs. 2/- per page.
Grounds for the First Appeal:
Incomplete information provided by the PIO Order of the First Appellate Authority (FAA):
PIO was directed to provide para-wise reply to the information which was still not provided after inspection of the file, within 10 days.
Ground of the Second Appeal:
Information provided by the PIO after the Order of FAA was beyond the time-limit stipulated in the order and appellant was not satisfied with the information provided.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Rahul Gupta;
Respondent : Mr. Rajeev Gupta, Architect and Ms. Renu, Assistant Architect on behalf of Mr. Rakesh Goyal, PIO & Dy. Chief Architect;
The PIO has provided most of the information and also given an inspection of the relevant files. The appellant admits this. He states that the following information has not been provided:
1- In the files shown to him there were no communications available between NDMC and NBCC, L&DO, Ministry of Tourism and different departments of Delhi Government. The PIO is directed to provide attested copies of communication between above departments with regard to Hotel Leela. If no communications are available with any of these bodies this will be stated.
The Appellant shows that NDMC has been refusing to accept RTI application where the payment of fees is made in the name of Accounts Officer NDMC. As per the central rules for RTI payments have to be made in the name of Accounts Officer Public Authority. The PIO is directed to ensure that all authorities in NDMC accept IPOs in the name of Accounts Officer.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 20 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 01 June 2011 (In any correspondence on this decision, mention the complete decision number.) (JK)