Central Information Commission
S K T Sherman vs Delhi Development Authority on 1 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DDATY/A/2024/615118
S K T Sherman .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Asst. Director (Building), Delhi
Development Authority, C-1/211,
2nd Floor, Vikas Sadan, INA,
New Delhi 110023 .... ितवादीगण /Respondent
Date of Hearing : 18.08.2025
Date of Decision : 29.08.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 03.01.2024
CPIO replied on : 10.01.2024
First appeal filed on : 01.02.2024
First Appellate Authority's order : 08.03.2024
2nd Appeal/Complaint dated : 28.03.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 03.01.2024 seeking the following information:
"i) As per Section 2 (f) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of file notings, daily correspondence and daily progress reports of actions taken against the Page 1 of 7 applicant following complaints registered with Special Task Force (STF) through Samasya Nidan Sewa web portal.
a) Reference ID: 202312060000158250
b) Reference ID: 202310130000156574
c) Reference ID: 202310110000156421
d) Reference ID: 202310010000155691
e) Reference ID: 202309210000152438
f) Reference ID: 202309210000152439
g) Reference ID: 202309210000152446
h) Reference ID: 202312290000159127
i) Reference ID: SNS2023120614
j) Reference ID: SNS2023101345
k) Reference ID: SNS2023101114
l) Reference ID: SNS2023091510
m) Reference ID: SNS2023091512
n) Reference ID: SNS2023091514
o) Reference ID: SNS202309159
p) Reference ID: SNS2023090436
q) Reference ID: SNS2023122946
2. As per Section 2 (1) read with Section 6 of the RTI Act 2005, kindly provide the applicant with certified copies of the Notices/Communication initiated by the Authorities against the above-mentioned complaints.
3. As per Section 2 (1) read with Section 6 of the RTI Act 2005, kindly provide the applicant with certified copies of the Replies received by the Authorities against their Notices/Communications regarding the above- mentioned complaints
4. As per Section 2 (1) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies design approval and authorization letter issued by the Delhi Development Authority to Sri Ram Cooperative Group Housing Society. Plot No. 32. Sectur-4, Dwarka, New Delhi for the construction of the Temple in above mentioned society's premises.
5. As per Section 2 (f) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies design approval and authorization letter issued by the Delhi Development Authority to Sri Ram Cooperative Group Housing Society. Plot No. 32. Sector-4. Dwarka. New Delhi-110078 for the construction of a Shop In above mentioned society's premises.
6. As per Section 2 (f) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of relevant sections of Law, Act, Building Bye-laws, and Rules as per which no permission/authorization/approval is required from the DDA for the construction of Temple and Shop in the above mentioned C.G.H.S. Page 2 of 7 especially when these were not the part of the original approved design for the C.G.H.S. submitted and approved by the DDA.
7. As per Section 2 (1) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of file notings, daily correspondence and daily progress reports of actions taken against the applicant's complaint with photographic and video evidence dated 22/8/2023 and 08/6/2023 (Coples Enclosed) sent through emails & speed post along with photographs and video evidences concerning illegal/unauthorized extension of the Kitchen Window in the above mentioned Cooperative Society against approved Building Design in a high Seismic zone area Le. Dwarka Sector-4.
8. As per Section 2 (1) read with Section 6 of the RTI Act 2005, kindly provide the applicant with a certified copy of the complete application submitted by the Sri Ram Cooperative Group Housing Society, Plot No. 32, Sector-4. Dwarka, New Delhi-110078 for making structural changes/extension in the already existing approved building design.
9. As per Section 2 (f) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of the permission/ authorization provided by the DDA to the following residents to alter or make structural changes to their Flats against the approved Building Design under Cooperative Societies
a) Sh. Vikas Saini, Flat No B-46, Sri Ram CGHS (Apartments) Ltd., Plot No.32. Sector-4. Dwarka, New Delhi-110078
b) Sh. Ankit Dhanda, Flat No B-50, Sri Ram CGHS (Apartments) Ltd., Plot No.32, Sector-4, Dwarka, New Delhi-110078
c) Sh. Sandeep Varshney, Flat No B-58, Sri Ram CGHS (Apartments) Ltd. Plot No.32. Sector-4. Dwarka. New Delhi-110078
10. Kindly provide to the applicant all the reasons u's 4(1) (d) read with Section 6 of the RTI Act 2005. certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which No individual Notices are issued to the above-mentioned residents for making structural changes in their flats including illegal extension of their kitchen to the support pillar.
11. As per Section 2 (f) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of the Law/Rule as per which such alteration/structural changes are allowed to the above-mentioned owners of the Flats.
12. As per Section 2 (f) read with Section & of the RTI Act 2005, kindly provide the applicant certified copies of the Law/Rule as per which society's residents and management committee are allowed to add Page 3 of 7 illegal Sheds supported by shoddy supports all over the society's building and over their balconies
13. As per Section 2 (1) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of file notings, dally correspondence and daily progress reports of actions taken against the reply received from the above-mentioned society's officials with respect to D.D.A. Letter No. F23(25)95/Bldg/355 dated 16/8/2023,
14. Please provide to the applicant all the masons u/s 4(1) (d) read with Section 6 of the RTI Act 2005, certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which DDA officials consider the society's reply is authentic and the photographic evidence and videos provided by the applicant are false.
15. Please provide to the applicant all the reasons u/s 4(1) (d) read with Section 6 of the RTI Act 2005, certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which No action has been initiated against the above-mentioned complaints of the applicant for the illegal structural changes and extensions.
16. As per Section 2 (0) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of Notices to dismantle the illegal extension/structures that have been issued to the above-mentioned owners against the applicant's complaints.
17. As per Section 2 (1) read with Section 6 of the RTI Act 2005, kindly provide the applicant certified copies of the Inquiry reports submitted by the officer assigned against the above-mentioned applicant's complaints to the Higher Authority.
18. Kindly provide to the applicant all the reasons u/s 4(1) (d) read with Section 6 of the RTI Act 2005. certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which No order of demolition of illegal/unauthorized construction has been issued so far
19. Kindly provide to the applicant all the reasons w/s 4(1) (d) read with Section 6 of the RTI Act 2005, certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which No inquiry or inspection has been conducted by DDA officials in Sri Ram CGHS Itd.. Plot No. 32. Sector 4. Dwarka, New Delhi-110078 for ongoing or old illegal extensions/structural changes against the approved designed as per applicable law for Cooperative Housing Complex Page 4 of 7
20. As per Section 2 (f) read with Section 6 of the RTI Act 2005. kindly provide to applicant certified copies of the Names and Official Designation with whom the applicant's above-mentioned complaints were lying during the period along with date wise period with each official and details of action taken by him/her.
21. Kindly provide to the applicant all the reasons u's 4(1) (c) read with Section 6 of the RTI Act 2005, certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which no disciplinary actions have been instantiated against the officer assigned to the applicant's above-mentioned complaints for his dereliction of duty and delay in necessary action.
22. As per Section 2 (f) read with Section 6 of the RTI Act 2005, kindly provide to the applicant the official designation and office address of the Nodal officer/ Officer to whom Notice u/s 80 of CPC be sent for further legal actions if needed."
2. The CPIO furnished a reply to the Appellant on 10.01.2024 stating as under:
"Ref: RTI Appeal under Section 19(3) and complaint under Section 18(1) of RTI Act, 2005 dt. 11/12/2023 Sir, This is with reference to above mentioned application under reference. The above-referred application has been examined and it is that this office has already initiated the action on unauthorized construction and Show Cause Notice dt. 12/12/2023 has been issued to the respective owners/ occupants of flats. Further proceedings are ongoing as per DD Act, 1957.
The delay and inconvenience caused in this regard, if any, is deeply regretted."
3. Being dissatisfied, the appellant filed a First Appeal dated 01.02.2024. The FAA vide its order dated 08.03.2024, held as under.
"The reply of the PIO is found in order."Page 5 of 7
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Represented by Shri Yogesh Sherma present in person. Respondent: Shri Madhuban Bhai Patel, AE/CPIO present in person.
5. Proof of having served a copy of Second Appeal on respondent while filing the same in CIC on 28.03.2024 is available on record.
6. Written submissions filed by the Appellant are taken on record.
7. The Appellant's representative restricted his arguments to the fact that Certified True Copy (CTC) of show cause notice as mentioned in the CPIO's reply has not been given to the Appellant till date. Accordingly, he requested the Commission to direct the PIO to provide complete information without further delay and requested to take necessary action against the PIO concerned as per the provision of the RTI Act.
8. The Respondent submitted that broad outcome of action taken on Appellant's complaint has already been intimated to him vide letter dated 10.01.2024 which was further affirmed by the FAA. He further submitted that copy of show cause notice issued to the third-parties cannot be provided to the Appellant as it is exempted from disclosure under Section 8 (1)(j) of the RTI Act.
Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observed that as far as RTI application is concerned appropriate reply and as a sequel to it further clarifications tendered by the Respondent during hearing are in consonance with the provisions of the RTI Act. Thus, submissions of the CPIO are upheld.Page 6 of 7
10. Further, the Commission is not inclined to accept the contentions of the Appellant to initiate any penal action against the Respondent in the absence of mala fide intent on the part of the CPIO.
11. No relief can be granted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Director (Building), Delhi Development Authority, C-1/211, 2nd Floor, Vikas Sadan, INA, New Delhi 110023 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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