Central Information Commission
.Surendra Kumar Shangari vs Ministry Of Urban Development on 9 April, 2013
Central Information Commission
Room No.4, Club Building,
Old JNU Campus, New Delhi 110 067.
Tel No: 011 26106140
Decision No.CIC/VS/A/2012/000075/02744
Appeal No. CIC/ VS/A/2012/000075
Dated: 09.04.2013
Appellant: Shri Surendra Kumar Shangari
J2/82, Ashok Vihar
Delhi 110052
Respondent: Central Public Information Officer
Delhi Development Authority
Dy. Director (LA) Res.
Vikas Sadan, INA
New Delhi110023
Date of Hearing: 09.04.2013
ORDER
Facts
1. The appellant filed an application dated 06.11.2009 under the RTI Act, seeking information regarding the status of mutation of a DDA flat allotted to him. Respondent replied to the application stating that the property was in dispute and no action could be taken without the court order. Appellant filed first appeal before the first appellate authority (FAA). FAA ordered that matter was sub judice. Appellant filed this present second appeal.
Hearing
2. Respondent was present before the Commission.
3. Respondent submitted that appellant sought information regarding the status of mutation of a DDA flat allotted to him.
4. Respondent stated that the property was in dispute and a case was pending before the competent court, therefore, the matter was sub judice. The respondent stated that the tenant was claiming property rights in the flat. Respondent stated that no action could be taken without the court direction.
5. Appellant did not participate in the hearing.
6. CPIO has responded that the property in question has been inspected by survey department of DDA and reported that it has been sold out floor wise. A case was also pending before the competent court, therefore, no action could be taken for mutation until the matter was decided by the court.
7. The response of the CPIO is in conformity with the requirements of the RTI Act.
Decision
8. No intervention of the Commission is required in the matter.
The Appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma) Information Commissioner Authenticated true copy:
(V.K. Sharma) DO & Deputy Registrar