Central Information Commission
Aman M Hingorani vs Delhi Development Authority on 13 October, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No. CIC/DDATY/A/2018/159543
Aman M Hingorani ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Delhi Development ...प्रनतवािी/Respondent
Authority, New Delhi.
Relevant dates connected with the order:-
Date of Hearing Status
20-05-2020 Adjourned vide
decision dated 21-05-
2020.
06-10-2020 Final Order
ORDER
1. The instant matter is listed today for further hearing. Earlier, the matter was heard by this Commission on 20-05-2020 and it was adjourned vide decision dated 21-05-2020.
2. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Delhi Development Authority, New Delhi seeking following information:-
"(i) Certified copy of the file including all notings and correspondence pertaining to conversion into free hold of Property No. A 19, Supreme Court Bar Co-op. House Building Society at Neeti Bagh, New Delhi - 110049.
(ii) Certified copies of the file including notings and correspondence in respect of letters/representations dated 20.09.2017 and 21.09.2017 of Dr. Aman M. Hingorani regarding conversion of property No. A 19, Supreme Court Bar Co-op. House Building Society at Neeti Bagh, New Delhi - 110049 and addressed to The Asstt. Director (C.S.), DDA, Co-op Societies Cell, C-III Block, 2nd Floor, Vikas Sadan, New Delhi - 110023.Page 1 of 4
(iii) Certified copy of any decision by any officer/Department in respect of letters/representations dated 20.0g.2017 and 21.09.2017 of Dr. Aman M. Hingorani regarding conversion of property No. A 19, Supreme Court Bar Co-op. House Building Society at Neeti Bagh, New Delhi - 110049 and addressed to The Asstt. Director (C.S.), DDA, Co-op Societies Cell, C-III Block, 2nd Floor, Vikas Sadan, New Delhi - 110023.
(iv) Certified copy of ledger/statement of accounts indicating all payments made by late Mrs. Kapila Hingorani towards composition charges right from inception till date in respect of property No. A 19, Supreme Court Bar Co-op. House Building Society at Neeti Bagh, New Delhi - 110049.
(v) Certified copy of decision/statement of accounts pertaining to payment of compensation/penalty/ interest payable by the DDA to the plot owner for the failure of the DDA to complete from 2011 till date the conversion in respect of property No. A 19, Supreme Court Bar Co-op. House Building Society at Neeti Bagh, New Delhi- 110049, after requiring the plot owner to deposit the sum of Rs 12,85,538/-
towards conversion charges (deposited vide Challan dated 27.6.2011) and the sum of Rs 30,281/- towards E.G.R. charges (deposited vide Challan dated 1.6.2012).
(vi) Certified copies of the file notings and correspondence through which the instant RTI application has been processed."
3. The CPIO responded on 02-07-2018. The appellant filed the first appeal dated 06-08-2018 which was disposed of by the first appellate authority on 28-08- 2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
Hearing:
4. The appellant, Dr. Aman M Hingorani attended the hearing through audio conferencing. Mr. Rajpal Singh, AD(CS) participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.
5. The appellant contended that the respondent did not provide him complete information at the time of inspection. He further submitted that the respondent had wrongly resorted to the provisions of Section 6(3) of the RTI Act, 2005 which resulted in considerable delay. He requested the Commission to direct the Page 2 of 4 respondent to provide him complete information free of cost taking into account delay in supplying the information.
6. Reiterating their submissions, the respondent further contended that they had already provided adequate opportunity to the appellant to inspect the complete file and get the desired information and therefore, no further action is required in the matter.
Decision:
7. This Commission observes that the appellant has sought specific documents from the DDA regarding conversion of the aforesaid property into a freehold property. Therefore, the respondent cannot be allowed to evade their responsibility by merely offering opportunity of inspection to the appellant. Therefore, this Commission directs the CPIO to provide the point-wise information to the appellant thereby indicating the attached documents with reference to the RTI application, free of cost, within a period of 15 working days from the date of receipt of this order.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरज कु मार गुप्ता) Information Commissioner (सूचना आयुक्त) दिनांक / Date:06-10-2020 Authenticated true copy (अनिप्रमानित सत्यानपत प्रनत) S. C. Sharma (एस. सी. शमाग), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:
1. The CPIO Delhi Development Authority, Asstt. Director (CS) & Nodal CPIO, RTI Cell, Co-Operative Society Branch, C-3, 2nd Floor, Vikas Sadan, I. N. A., New Delhi - 110023.
2. Aman M Hingorani Page 4 of 4