Central Information Commission
Shri Lajinder Singh vs Delhi Development Authority on 10 November, 2008
CENTRAL INFORMATION COMMISSION
Block IV, 4Th Floor, Old JNU Campus
New Delhi-110067
Appeal No. CIC/WB/A/2007/01137/LS
Applicant: Shri Lajinder Singh
Public Authority: Delhi Development Authority
(through Shri Shekhar De,
Chief Engineer (Horticulture),
Shri M.P. Nim,
Director (Horticulture))
Date of Hearing: 10/11/2008
Date of Decision 10/11/2008
FACTS OF THE CASE:
By his letter of 16/04/2007, the Appellant had requested for a copy of the authenticated/approved/unapproved lay down map, along with service plan, including dimensions marked on each site, its area and the Khasra No. of the land of Jamunwala Park, located in Village Khirki and Hauz Rani, and the matters related therewith. The CPIO, vide his letter dated 18/06/2007, had sent reply to the Appellant. Dissatisfied with this, the Appellant had filed an Appeal on 26/06/2007. The Appellate Authority had directed Shri Om Pal singh, the then Director(Horticulture), to retrieve the records of the case and provide details thereof to the Appellant.
2. As the relevant information was not provided to the appellant, he has filed the present Appeal before this Commission.
3. The matter was fixed up for hearing on 27th October, 2008. The Appellant appeared before the Commission but no one represented DDA. Hence, the matter was adjourned to 10/11/2008.
4. The matter was heard again on 10/11/2008. The Appellant was present. Shri Shekhar De, Chief Engineer and Shri M.P. Nim, Director(Horticulture) are present. During the hearing, the DDA representatives presented Dimension Sketch Plan of the park in question. The position taken by the representatives of DDA is that, a large chunk of this Park was transferred to MCD in 1987 and the remaining portion of the same is still with DDA. On the other hand, the Appellant mentions that the entire plot was transferred to MCD in 1987, and that the position being taken by DDA representatives is factually incorrect. The Appellant also vehemently insists that the original documents relating to this plot must be fished out and copy thereof furnished to him. Besides, he also submits that a sizable portion of the plot which, admittedly, is in the possession of DDA, has been encroached upon by the owner of H.No. 181B & 181C, and that, DDA has done nothing about it.
5. The issues, thus, in this context, are as follows:-
(i) tracing out the file containing the original map relating to this plot;
(ii) to determine whether any encroachment exists, either in the portion transferred to MCD, or, in the portion being retained by DDA or in both; and;
(iii) if there are encroachments, why no legal action has been taken by MCD/DDA?
INTERIM ORDER
6. The Commission understands that land related documents are of permanent character and are retained by the stake holders for centuries. The Commission, therefore, believe that if serious efforts are made to trace out the original documents, it should be possible to succeed in this. The Commission, therefore, directs Shri Shekhar De, Chief Engineer and Shri M.P. Nim, Director (Horticulture), to make serious personal efforts to trace the original file containing the original map of the plot in question for which purpose they may seek help of other concerned Wings of DDA. They are also directed to constitute a team of officers to physically survey the plot in question to determine whether there are any encroachments thereon, and if yes, the dimension thereof and the persons responsible for such encroachments. The above exercise must be completed within six weeks time.
7. The case is adjourned to 5th January, 2009 at 10.30 hrs.
8. The Appellant, Shri Shekhar De, Chief Engineer and Shri M.P. Nim, Director (Horticulture), are directed to attend the hearing. If the DDA officers need assistance of any other officer of DDA or MCD, they are authorised to bring them along 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: 011-2616 26 62