Central Information Commission
Rupendra Singh vs Delhi Development Authority on 24 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DDATY/A/2023/626926
Rupendra Singh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
Assistant Director (Vastu-II),
DDA, O/o the Chief Architect-I/ South Zone
(HUPW), 9th Floor, Vikas Minar,
I.P.Estate, New Delhi-110002 ....प्रनर्वािीगण /Respondent
Date of Hearing : 11.09.2024
Date of Decision : 23.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 16.05.2023
CPIO replied on : 09.05.2023
First appeal filed on : 23.05.2023
First Appellate Authority's order : 29.05.2023
2nd Appeal/Complaint dated : 01.06.2023
Information sought:
The Appellant filed an RTI application dated 16.05.2023 seeking the following information:Page 1 of 6
"Building floor lay out a plan of File No. F35(81)92/PD/NP and confirmation on permission of the courtyard can be covered temporarily with tin Shade since the ground floor entrance of the flat is from the courtyard to avoid any fatal accident since its 4 story building any object will fall from the fourth floor definitely ground floor resident will meet the fatal accident and can lead to death that cannot be compensated monetarily.
FLAT NO. 129 ground floor MIG DDA FLATS PUL PEHLADPUR NEW DELHI.
application to request for the floors layout plan was submitted to DDA office on 13/04/2023.
Receipt no. REC/H/23/3081 ADDRESSED TO: H.A.D.(MIG) LAB"
The CPIO furnished a reply to the Appellant on 09.05.2023 stating as under:
"This is with reference to your RTI application received in this office on 19.04.2023 through online RTI Portal forwarded by Asstt. Dir. (MIG) Housing DDA Vikas Sadan New Delhi. In this regard, the information sought in your RTI application Need a Ground floor Plan (standard plan) copy of MIG Housing at Pul pehladpur New Delhi are available in the office records. You may visit this office on any working day for identification and procurement of the same at prescribed rate of available record."
Being dissatisfied, the appellant filed a First Appeal dated 23.05.2023. The FAA vide its order dated 29.05.2023, held as under:
"Your appeal has been examined and it is to submit that the relevant drawings pertaining to your RTI i.e. Ground Floor Plan, First Floor Plan and Second Floor Plan of MIG Housing at Pul Pehladpur as available in the office records of South Zone have been already provided to you by PIO/SZ under RTI Act on dated 09-05-2023. However, your query regarding covering of courtyard has to be seen w.r.t. existing policy of Addition and Alteration in DDA Flats (available on www.dda.org.in). Therefore, the issue does not pertain to this office. As the area stands De- notified, you may approach concerned office of MCD xxxxxxxxxxxxxx."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 2 of 6Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Mr. Ajaz Ahmad Ansari, PIO-cum-Assistant Director, Shri OP Meena, FAA-cum-Deputy Director and Ms. Kamakshi Kumari, PIO-cum- Assistant Director (MIG-H), attended the hearing in person.
The Appellant stated that though he has received the information pertaining to building floors layout plan but till date the Respondent has not provided any copy of rule/office order/ policy which confirms permission that a courtyard can be covered temporarily with tin shade.
The Respondent submitted that a suitable reply based on available information has been given to the Appellant. She added that the existing policy on additions and alterations and roof rights is publicly available on the DDA website, and the same has been provided to the Appellant.
A written submission has been received from PIO-cum-AD, vide letter dated 03.09.2024, wherein the Commission has been apprised as under:
"This office is in receipt of the Hon'ble CIC notice of Hearing schedule to be held on 11.09.2024 at 10:30AM in the matter of Shri Rupendra Singh vide diary No. 37 dåted 30.08.2024. In this regard, it is submitted that w.r.to RTI application No. DDATY/R/E/23/00902, related drawings i.e. Floor plans of MIG Housing at Pulpehladpur has already been received by the applicant dated 09.05.2024 (copy of receiving enclosed). An appeal vide No. DDATY/A/E/23/00356 in respect of above RTI Application dated 24-05-2023 was also replied on 29.05.2024.
However, the para wise reply in above referred second appeal is as follows:
Para-1: Information sought regarding provision for covered entrance, the reply has been provided dated 24-05-2023 in first appeal vide No. DDATY/A/E/23/00356 in respect of RTI application. It is reiterated that the matter u/r is to be seen w.r.to existing policy of Addition and Alteration in DDA Flats (available on DDA website www.dda.org.in). As the area stands de- notified, you may approach concerned office of MCD for n.a. accordingly. Therefore, the matter pertains to Housing (MIG) Department w.r.to existing policy of Addition and Alteration in DDA Flats. Para-2: Information sought is hypothetical in nature and is therefore not covered under section 2(f) of the RTI Act (2005). Also, as per Gol Circular dated 16.09.2011- 'Only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. The public Page 3 of 6 information officer is not supposed to create information; or to interpret information; or to solve the problems raised by the applicant; or to furnish replies to hypothetical questions.' Para-3: Information sought pertains to Housing (MIG) Department. The first Appellate Authority is Dy.Dir./HUPW/SZ, 9th Floor, Vikas Minar, N. Delhi- 110002."
A written submission has been received from the Appellant vide letter dated 11.09.2024, wherein the Commission has been apprised as under:
"Specific information had not been provided by the Delhi Development Authority on my RTI Appeal. It was partially reverted by providing floor lay out plan on 9/05/2023. As per the DDA lay out Plan ground floor residents' entry is through courtyard and rest of the floor owners' entry is through staircase and covered area.
1. During rain ground floor resident has to enter inside the flat through courtyard.
2. Grave Safety concern from third floor monkey and other animals throwing the objects directly hitting the ground floor residents. Information for Temporary covering the courtyard by Sunshade by Acrylics or Tin shade was not properly provided. It has been transferred to many CPIO of the DDA further checking on the RTI status report below revert was found on 25/05/2023 As per the above link some policy modifications permissible additions/Alterations in DDA flats.
The ministry of Urban development and poverty Alleviation, government of India has allowed certain addition (s) / alteration (s) in DDA flats. These are applicable to all flats built and allotted by DDA irrespective of whether these are located in notified and notified areas. The addition/alteration (s) allowed are categorized in three categories :-
1) Condonable: These are minor addition/alteration(s) which do not require structural changes and can be carried out by the owner(s) without any intimation/permission of DDA/MCD Condonable items:-
1. To convert existing barsati into room provided the wall is made of only 115 mm thick.
2. Grills and glazing in verandah with proper fixing arrangement.
3. Raising height of front and rear courtyard wall upto 7' height by putting jail/fencing.
4. Providing door in courtyard wherever not provided.
5. Providing sunshades on doors and windows wherever not provided with proper fixing arrangements.
6. Closing the doors.Page 4 of 6
22. To shift front glazing, rooms/windows upto existing chajja. There are 22 points in condonable. Point number 5 information of Condonable is required from DDA. They are directing to different offices and department.
Prayer -
Information on Temporary Sunshade to cover the courtyard of 10feet* 10 feet given only to the ground floor owners by the DDA without disturbing the original structure by Acrylic or Tin Shade not the Pakka Chajja with concrete where the MCD approval is required.
Request to get the proper information of policy of Condonable: These are minor addition/alteration(s) which do not require structural changes and can be carried out by the owner(s) without any intimation/permission of DDA/MCD Condonable point number 5 which was mentioned by the DDA on my first appeal should give full information that should not be wrongly interpreted by any other department like MCD."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Respondent has provided the relevant information regarding the floor's layout plans to the Appellant. Further the Respondent has also provided the existing policy on additions and alterations and roof rights to the Appellant as available in their records and under the provisions of the RTI Act only such information as is available and in the form held by the public authority or is under control of the public authority can be provided. The PIO is neither supposed to create information that is not a part of the record, nor is he required to interpret information nor provide clarification. Therefore, no intervention of the Commission is required in the instant case for further adjudication.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Copy To:
THE FAA, Deputy Director, HUPW/SZ, DDA, 9th Floor, Vikas Minar, I.P. Estate, New Delhi - 110002 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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