Central Information Commission
J. P. S. Rana vs Delhi Development Authority on 22 February, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील सख्ं या / Second Appeal No.: CIC/DDATY/A/2019/111115
J. P. S. RANA .....अपीलकर्ता/Appellant
VERSUS/बनतम
PIO,
Assistant Director-(L.P.C.), Delhi
Development Authority, License Property
Cell, A-Block, Vikas Sadan, I.N.A. Colony, New
Delhi-110023.
2. Public Information Officer under RTI
Assistant Director-(Co-Operative Group
Housing Society), Delhi Development Authority,
Vikas Sadan, I.N.A. Colony, New Delhi-110023.
...प्रतर्वतदीगण/Respondent
Relevant facts emerging from appeal:
RTI application filed on : 03-12-2018
CPIO replied on : 17-12-2018
First appeal filed on : 15-01-2019
First Appellate Authority order : Nil
Second Appeal dated : 12-03-2019
Date of Hearing : 22-02-2021
Date of Decision : 22-02-2021
lwpuk vk;qDr : Jh हीरालाल सामररया
INFORMATION COMMISSIONER: Shri Heeralal Samariya
Information sought:
The Appellant sought information through 07 points regarding Kanak Durga Co- Operative Housing Society Ltd. (1191/GH) Plot No. 26, Sec. 12, Dwarka, New Delhi - 110078. The desired certain information is as under:Page 1 of 4
1. How many covered/still & open parking were planned & approved in the drawing of KDA (Kanak Durga Apt). Provide a certified copy of approved Drawings.
2. Can the allotment of parking be sold? Please provide copy of Section/Rule under which it is allotted.
3. Provide a list of members with flats allotted covered/still parking on or officer allotment of flat etc. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 15-01-2019 which was not adjudicated by the First Appellate Authority. Therefore, the Appellant approached the Commission with the instant Second Appeal.
The Respondent, Dy. Director (LPC)/FAA, vide written submission dated 22.01.2021, submitted that:
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present in person Respondent: 1. Nepal Singh, CPIO, Assistant Director-(L.P.C.), Delhi Development Authority
2. Amarpal Singh, CPIO, Assistant Director (Co-Operative Group Housing Society), Delhi Development Authority The Appellant submitted that no information, pertaining to the original RTI Application, has been provided to him till date.
The Respondent (1) submitted that information sought in the instant RTI application pertained to some other department and same was wrongly Page 2 of 4 transferred their office and thus, the instant RTI Application was forwarded to Asstt. Director (Cooperative Society) for providing relevant information.
The Respondent (2) submitted that instant RTI Application was recently received in their office and upon perusal of the same it was observed that information sought pertains to Building department. He further tendered his unconditional apology and submitted that he would procure and supply the required information to the Appellant.
Decision:
Commission has gone through the case records and on the basis of the proceedings during hearing takes into account the submission of the appellant and observes that correct and relevant information has not been provided to him.
In view of that, Commission directs the PIO, (Co-Operative Group Housing Society), DDA, to provide an opportunity to the Appellant to inspect relevant documents as sought in the instant RTI Application on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. In case relevant records are available at some other department, then PIO, (Co-Operative Group Housing Society), DDA, must procure the said documents and arrange them for said inspection. Copy of documents, if desired, should be provided to the Appellant after the payment of the requisite fees as per RTI Act, 2005. Commission's direction should be complied within 15 days of receipt of this order and a compliance report should be sent to the Commission by PIO enumerating the details of documents inspected and copy of documents provided to the Appellant.
In view of the foregoing, no further action is warranted in the said matter.
The second appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया)
Information Commissioner (सच
ू ना आयुक्त)
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Authenticated true copy
(अभिप्रमाणित सत्यापित प्रतत)
Ram Parkash Grover (रतम प्रकतश ग्रोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
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