Central Information Commission
Ashok Golas vs Delhi Development Authority on 27 October, 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/2024/608858
Ashok Golas .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Delhi Development Authority,
Planning Coordination Unit,
4th Floor, Vikas Minar,
New Delhi - 110002 .... ितवादीगण /Respondent
Date of Hearing : 22.10.2025
Date of Decision : 24.10.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.09.2023
CPIO replied on : 31.10.2023
First appeal filed on : 27.10.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 28.02.2024
Information sought:
1. The Appellant filed an RTI application dated 21.09.2023 (online) seeking the following information:Page 1 of 7
"The Applicant had earlier filed an RTI application no. DDATY/R/E/23/00102 for seeking information on his request for Constitution of Three Member Committee for examining his complaints for demolition of illegal encroachment, illegal structures and illegal lift erected by Mr. Narendra Prasad, Flat No.99 and Mr. Pradeep Choudhury, Flat no. 97 both of Mount Kailash, New Delhi-110065.
Instead of disclosing the information, PIO has passed the buck to other divisions of the DDA. Vide his letter no.F8(45)2023/B/L&I/RTI/57 dated 4.5.2023, AE(Bldg)L&I/PIO has advised the PIO of the STF cell that the information pertains to the STF cell only.
Further PIO, STF cell had orally informed the applicant that file was sent to the Commissioner (Land & Building) and it is expected that he would have processed the case by now and returned the file to the STF cell.
Relevant references are copied below:
Public Hearing References: (a) PH1652/23/Dec/2019 (b) PH1653/23/Dec/2019 & (c) PH1654/23/Dec/2019 STF Reference no.: SNS2020010628 (Above uploaded together by STF cell) The applicant was deeply disappointed by a belated response more than 2 and half years after his submissions in the Public Hearing wherein the STF cell hold on the plea that the matter is sub-judice before the Honourble High Court wherein the Court has stayed the demolition order vide its order dated 12.6.2020.
2. In his letter submitted to the VC, DDA on November 15, 2022 (see pages 2 to 4 of the Annex), the applicant had clarified that this issue is no longer before the Honorable High Court as the same was disposed off vide order dated 27.8.2020. The applicant has not received any response till date.
3. Following information is requested
a) Certified copy of the current status of the case.
b) Certified copy of the decision by the Commissioner (Land & Building).
c) In case the Commissioner (Land & Building) has not decided, the authority under which he is keeping the case pending.
Page 2 of 7d) Date by which Three Member Committee will be constituted.
e) Certified copy of the Orders of the competent authority,
f) Certified copy of the Stay order of the High Court.
g) Certified copy of the government orders under which DDA is refusing to constitute three member committee because the culprit is a retired IAS officer.
h) As provided under section 2(j) of the RTI Act, the applicant may be advised the date and time when he can be allowed to inspect the files and other records relating to processing of his request for constitution of a 3-member committee with a view to take notes, extracts and certified copies of the relevant portion of files/documents/records."
2. The CPIO/ Asstt. Director(plg.)/coordn. furnished a reply to the Appellant on 31.10.2023 stating as under:
"This is in reference to your above-cited online RTI application dated 21.09.2023 transferred by PIO/AD/SFS (H), DDA and received in this unit through RTIMIS Portal on 30.10.2023. In this regard, it is to inform that this office only deals with matters related to Planning Coordination, which is in coordination with various units under the Planning Department on varied issues. Further, your RTI application may be closely related to the STF Cell of the Planning Department, DDA.
In view of the above, your RTI in original is being transferred to the concerned PIO/department i.e., PIO/AD(Plg.)/STF, DDA under Section 6 (3) of the RTI Act, 2005 for providing the point-wise information directly to the applicant under intimation to this office. In case, if it does not fall under your jurisdiction, it may please be further transferred to the Public Authority to which the subject matter is more closely connected directly under intimation to the applicant."
3. Being dissatisfied, the Appellant filed a First Appeal dated 27.10.2023. The FAA order is not on record.
4. PIO/AD(Plg.)/STF, DDA transferred the instant RTI Application to PIO/AD/LM Coordination vide letter dated 14.11.2023. the relevant extract whereof is as under:
Page 3 of 7"..This is with reference to online request for Information under RTI Act 2005, vide reference mentioned above, which is received to the undersigned on the portal dated 03.11.2023.
In this regard, it is to state that the e-file bearing Comp. No. 19059 relating to formation of Three-member committee was sent to your department. Hence, online RTI application of the applicant is being forwarded to your office for furnishing information, directly to the applicant under intimation to this office, under Section 6(3) of the RTI.."
5. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
6. A Written submission dated 15.10.2025 has been received from Shri Yashpal Kumar, CPIO/Plg. Asstt, STF (in-charge) and same has been taken on record for perusal. The relevant extract whereof is as under:
"..This is with respect to the subject and reference cited above, vide which the notice of hearing (scheduled for 22.10.2025 at 11.15 AM) has been received in this office w.r.t. RTI application vide Regn No. DDATY/R/E/23/02640 dated 21.09.2023 of Sh. Ashok Golas which was received to the then PIO(STF) on 03.11.2023.
In this regard, following is submitted:
1. Sh. Ashok Golas (RTI applicant) has filed 03 RTI bearing No. DDATY/R/E/23/00357, DDATY/R/E/23/00102 and DDATY/R/E/23/02640/6 dated 13.02.2022, 13.01.2023 and 21.09.2023 respectively. The same was replied by the then PIO (STF) dated 23.02.2022, 07.02.2023 and 14.11.2023 respectively. The retrieved copies of online RTI application with replies by then PIO(STF) from the online RTI portal are enclosed/attached with this letter. The above mentioned RTI applications were basically w.r.t the Constitution of "Three Member Committee' as per the MoHUA O.M. No.0-33011/1/2006-DD.I dtd. 23.05.2018.
2. In this regard, an e-File PLG/MP/0088/2021/F-3/-AD(PLG-STF) bearing Computer No. 19059 was created on 14.09.2021 for Constitution of "Three Member Committee' as requested by the Sh. Ashok Golas. Further, it was decided to forward the file/matter with detail to Commr. (LM), DDA for taking further necessary action.
3. As of now, the said matter is still under consideration. Further, in this regard, Sh. Ashok Golas would be informed by the office of STF and the undersigned also ensured that whenever the committee would be constituted/finalized the same be informed to Sh. Ashok Golas (RTI applicant) on priority..."Page 4 of 7
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Yashpal Kumar, Planning Assistant/CPIO, STF Cell, DDA participated in the hearing.
7. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 28.02.2024 is not available on record. The Respondent confirms non-service.
8. Written submission dated 21.10.2025 of the Appellant is taken on record.
9. The Appellant reiterated the contents of his RTI application and instant appeal and submitted that complete and correct information has not been provided to him by the Respondent. He stated that his RTI application has only been transferred from one department to another and no cogent reply has been provided by the PIO.
10. The CPIO, STF submitted that as per records, the RTI application of the Appellant was rightly transferred to LM department and no further action remains on their part. He apprised the Commission that the matter related to the constitution of "Three Member Committee' is still under consideration. Further, in this regard, Sh. Ashok Golas would be informed by the office of STF whenever the committee is formed/constituted.
Decision:
11. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that similar case has been decided by this Bench in File No. CIC/DDATY/A/2023/618554 dated 26.06.2024 whereby PIO, LM department was directed to offer inspection of records to the Appellant.
12. Furthermore, PIO STF submitted during hearing that the related file is lying with LM department and accordingly the instant RTI Application was transferred to the LM Department. In the given circumstances, the Respondent has already informed complete factual position in the matter but Appellant is not satisfied with the response provided to him, therefore, taking liberal view in the matter and in light of the above facts Page 5 of 7 and previous decision of this Bench, the Commission directs Shri Yashpal Kumar, Planning Assistant/CPIO, STF Cell to facilitate inspection of available and relevant records including that of the LM branch related to the information sought in the above-mentioned RTI application to the Appellant on a mutually decided date and time, within a period of four weeks from the date of receipt of this order. The PIO is further directed to arrange all relevant files (as sought in RTI application) at one place before calling the Appellant for inspection and not make the Appellant run around various departments of the Respondent Public Authority. The intimation of the date and time of the inspection shall be provided to the Appellant by the PIO telephonically and in writing well in advance. In the process of facilitating the inspection and providing subsequent copies of the record the PIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act.
13. Copy of documents that the Appellant desires during the inspection shall be provided by the PIO on payment of prescribed fees as per RTI Rules, 2012. The aforesaid direction shall be complied with by the CPIO within four weeks from the date of receipt of this order.
14. The FAA is directed to ensure compliance with this order.
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 Page 6 of 7 Copy To:
The FAA, Delhi Development Authority, Planning Coordination Unit, 2nd Floor, Vikas Minar, New Delhi - 110002 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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