Central Information Commission
Jyotsna Kaur vs Delhi Development Authority on 12 March, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/DDATY/A/2023/145447
Jyotsna Kaur .....अपीलकर्ता /Appellant
VERSUS
बनतम
CPIO
Delhi Development Authority
Asst. Director (OSB), A Block, 2nd
Floor, Vikas Sadan, INA, New Delhi
- 110023 ....प्रतर्वतदीगण /Respondent
Date of Hearing : 07.03.2025
Date of Decision : 11.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.07.2023
CPIO replied on : 31.07.2023
First appeal filed on : 17.08.2023
First Appellate Authority's order : Not on Record
2nd Appeal/Complaint dated : 17.11.2023
Information sought:
The Appellant filed an RTI application dated 21.07.2023 (offline) seeking the following information:
"(i) Please provide the certified copy of entire file along with the noting's of the property Bearing No. 2593, Hudson Lines, Kingsway Camp, Delhi-
110009 (File No. 2593)83/OSB).
Page 1 of 5(ii) The applicant herein submits to pay for the requisite charges towards the certified copy as and when informed to the applicant on the above- mentioned communication details.
(iii) I state that information sought does not fall within the restrictions contained in the Section 8 & 9 of the Act and to best of my knowledge it pertains to your office."
The CPIO furnished a reply to the Appellant on 31.07.2023 stating as under:
"ln this connection it is to inform you that since you have not submitted any proof of your relation to the above mentioned properties, the information cannot be provided as the same is exempted from disclosing under section g(1) (J) and section (11) of RTI Act 2005 being personal in nature and 3'd party information."
Being dissatisfied, the appellant filed a First Appeal dated 17.08.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Ms. Jyotsana Kaur and Ms. Manpreet Kaur attended the hearing in person.
Respondent: Shri Pradeep Kumar, CPIO-cum-Assistant Director and Shri Ravi Gupta, SSA, attended the hearing in person.
The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application. The Commission interjected and asked the Appellant to establish her locus in seeking such personal information of third party, the Appellant stated that the averred property was allotted to Smt. Pratap Kaur who expired on 26.07.1964. She alleged that before her death, she had donated the averred property to Delhi Sikh Gurudwara Management Committee and executed a Will in favor of Delhi Sikh Gurudwara Management Committee.
The Commission orally directed the Appellant to file her written submissions with the registry of the bench during course of the day. The Appellant did not file the same.Page 2 of 5
The Respondent submitted that a suitable reply in terms of RTI Act has been given to the Appellant vide letter dated 31.07.2023. He added that possession of averred property could not be handed over as Delhi Sikh Gurudwara Management Committee could not produce the lease deed of quarter and the surrender certificate of quarter to DDA despite repeated reminders issued by this office. It was mandatory for the allottee to surrender the lease deed of quarter and submit the surrender certificate of quarter to DDA before possession could be handed over as these were the necessary procedural formalities and conditions for handing over possession of such plots under the scheme. He further submitted that in the meantime, Plot no. 2593 measuring 160 sq. yds. at Hudson Line, Kingsway Camp was occupied unauthorizedly by one Sh. Iqbal Singh employee of Delhi Sikh Gurudwara Management Committee who applied to DDA for conversion on the basis of fake documents i.e. GPA and ATS executed by allottee of quarter Smt. Pratap Kaur w/o Sh.
Gopal Singh. The conversion application was rejected and the case referred to the Delhi Police for lodging the FIR against Sh. Iqbal Singh. Thereafter, demolition to remove the unauthorized construction over the plot was carried out and vacant land handed over to ND-3, DDA.
A written submission has been received from PIO-cum-Assistant Director, vide letter dated 03.03.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"Sir/Madam, In this instant case Quarter No. F-302, Outram Line was allotted to Smt. Pratap Kaur. She expired on 26.07.64. Before her death, she had donated this Quarter to Delhi Sikh Gurudwara Management Committee and executed a Will in favor of Delhi Sikh Gurudwara Management Committee. Possession of plot could not be handed over as Delhi Sikh Gurudwara Management Committee could not produce the lease deed of quarter and the surrender certificate of quarter to DDA in-spite of repeated reminders issued by this office. It was mandatory for the allottee to surrender the lease deed of quarter and submit the surrender certificate of quarter to DDA before possession could be handed over as these were the necessary procedural formalities conditions for handing over possession of such plots under this scheme. In the meantime, Plot no. 2593 measuring 160 sq. yds. at Hudson Line. Kingsway Camp was occupied unauthorized by one Sh. Iqbal Singh employee of Delhi Sikh Gurudwara Management Committee who applied to DDA for conversion on the basis of fake documents i.e. GPA and ATS executed by allottee of quarter Smt. Pratap Kaur w/o Sh. Gopal Singh. The conversion application was rejected and case referred to Delhi Police for lodging the FIR against Sh. Iqbal Singh. Demolition to remove the unauthorized construction over the plot no. 2593 at Hudson Line, Kingsway Camp was carried out and vacant land handed over to ND-3. DDA.Page 3 of 5
After thorough examination of the case of conversion application by Sh. Iqbal Singh. it was found that he had submitted forged GPA & ATS. Thus the conversion application as well as allotment of Plot no. 2593. Outram line was cancelled by the then Vice Chairman /DDA on recommendation of the then Commissioner (Land Disposal). The case was also sent for reconsideration by Commissioner (Land Disposal) but finally the conversion application as well as allotment of the plot was cancelled by the then Vice Chairman DDA on 12.12.2000 and the rejection was conveyed to the Delhi Sikh Gurudwara Management Committee vide lezer on 12.12.2000. The matter was again re-examined upon the request of Delhi Sikh Gurudwara Management Committee. However, the case was not found fit for restoration and the same was conveyed after the approval of Vice Chairman /DDA. It is also pertinent to mention here that a court case vide no. WP (C) 16588 2024 is also pending before Hon'ble High Court regarding the title & possession of the property under reference. When Delhi Sikh Gurudwara Management Committee filed RTI and asked for their information, at that time the possession of the plot was with DDA and allotment stands cancelled & Delhi Sikh Gurudwara Management Committee is not the recoded lessee or allotee in this case hence they did not have any right to do so reply under section 11 & 8(1) (J) was given."
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 CPIO has furnished appropriate reply, applying the relevant provision of RTI Act to deny third party information. Since there is no infirmity in the reply sent by the Respondent, no cause of action subsists in this case under the RTI Act for further adjudication.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (निनोि कुमार नििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अतिप्रमततणर् सत्यततपर् प्रतर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 5 Copy To:
FAA Delhi Development Authority Director (OSB), A Block, 2nd Floor, Vikas Sadan, INA, New Delhi - 110023 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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