Central Information Commission
Suren Koundal vs Delhi Development Authority on 26 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DDATY/C/2022/649442
Suren Koundal ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
Assistant Director (RTI Section),
Delhi Development Authority,
RTI Implementation & Coordination Branch ,
C-Block , 3rd Floor ,Vikas Sadan , INA Colony ,
New Delhi -110023. ....प्रनतवािीगण /Respondent
Date of Hearing : 03.06.2024
Date of Decision : 25.06.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 28.02.2021
CPIO replied on : 08.03.2021
First appeal filed on : 15.04.2021
First Appellate Authority's order : 30.04.2021
2nd Appeal/Complaint dated : 12.09.2022
Information sought:
The Complainant filed an RTI application dated 28.02.2021 seeking the following information:
"a). What is the rationale behind constructing EWS flat and MIG Flat in the same Campus?Page 1 of 8
b). Under which policy/govt guidelines, DDA has got the license to construct the MIG and EWS flat in the same campus. Please provide copy of the same.
c). Whether DDA has provided the information i.e EWS flat and MIG flats lies in same campus in its advertisement under Group Housing Scheme- 2019?
d). If answer to question at point (c) is no, then please provide the information as to why the DDA has hidden this information from public."
The PIO/ Asstt. Dir.(Arch), DDA furnished a reply to the complainant on 08.03.2021 stating as under:
"This is with reference to above mentioned subject and referred RTI application received in this office on dated 02.03.2020 has been examined and para wise reply are as under:
Para a & b: Regarding Constructing EWS flats and MIG flats in the same campus as well policy/ govt guidelines, it is to mention that the EWS and Category II Housing in Pocket 1A, Sector A1-4, Narela was designed as per MPD 2021 Norms and was approved vide item no.177:2012 in the 310th Screening Committee Meeting. MPD 2021 norms are available on DDA's website under subhead Master Plan - Planning - master plan - report of master plan of Delhi 2021.
Para c & d: Rest of the Para's pertains to Housing department of DDA hence your RTI application is forwarded to concerned PIOs of Housing department with the request to provide information directly to the applicant."
Being dissatisfied, the complainant filed a First Appeal dated 15.04.2021. The FAA vide its order dated 30.04.2021, held as under:-
"RTI Appeal registration no. DDATY/A/E/21/00349 dated 15.04.2021 received in this office on dated 26.04.2021 vide diary no.56, against the RTI Application No. DDATY/A/E/21/00688 dated 28.02.2021. Matter has been examined and it is observed that information provided by the CPIO is as per available office record and found complete and correct. However Para C and Para D of RTI Application pertain to Allotment Section under Housing Department Vikas Sadan New Delhi."
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint with the following arguments -
Page 2 of 8"2. Brief facts of the case: I have preferred application dated 15-04-2021 under section 6(1) read with section 6(3) of the RTI act 2005 before the PIO, details of whom is mentioned as per the attached copy of the application.
That the said application was marked to Asst Director (Coord) Housing/PIO, DDA, who fails to provide the information/incomplete information till date in accordance with the provisions and time schedule as define in section 7(1) of the act.
The reply of said PIO on online portal dated 16-03-2021 read as under:
Reply:- 3 & 4: DDA has not launched any Group Housing Scheme 2019, it has launched DDA Housing Scheme 2019.Kindly refer to the DDA Housing Scheme 2019 Brochure in which details of locality were clearly mentioned in Annexure A. Also refer to the TYPICAL UNIT PLAN at page no 16(attached) which clearly mentioned the locality of the flats.
No information has been provided by the CPIO, MIG Housing for Question No. 1 & 2 and the reply for the question No. 3 & 4 is incomplete.
Further, the said application was also forwarded to to Smt. Kalpana Khokhar, Asst Director(Arch.), North Zone & Narela, HUPW for suitable reply.
The reply from the above-mentioned PIO of DDA i.e. (Kalpana Khokhar), Asstt. Dir. (Arch)/PIO, Addl. Chief Arch.(NZ & Narela) HUPW, 9th Floor, Vikas Minar, New Delhi-02, dated 08-03-2021 is not at all satisfactorily (Copy of Reply attached as ready reference). Again, there is no information about Question No.3 & 4 and reply to the question No.1 & 2 is incomplete and misleading. No copy of policy has been provided till date.
Subsequently first appeal was preferred against the CPIOs/PIOs concerned to FAA i.e. 1. Dy. Director (Coord) Housing, First Appellate authority, Delhi Development Authority, D-Block, 2nd Floor, Vikas Sadan, INA, New Delhi- 110023 and 2. Dy. Director (North Zone & Narela), First Appellate authority, Delhi Development Authority, 9th Floor, Vikas Minar, New Delhi-110023 for failing to provide information vide 1st appeal dated 1504-2021. First Appellate Authority i.e FAA 2. namely (Laxmi Kumar),Dy. Dir. (Arch)/FAA, North Zone & Narela had disposed of first Appeal without providing any opportunity of hearing, without going through the facts of appeal and even without giving due respect to the evidence on record and casually disposed of Page 3 of 8 the appeal on 30-04-2021. However, the said officer i.e FAA admitted that the reply to question no. 3 & 4 is not provided and hence again mentioned that the same pertains to Allotment Section under Housing Department Vikas Sadan, New Delhi. FAA1 till date has not replied anything.
It deemed to have refusal of information as specified under section 7(2) of the act.
3. Ground for Complaint: Keeping in view the facts as stated above, The Appellant strongly believes that respondents have malafidely denied the information and taken the RTI act in very casual manner. This is completely against the spirit of RTI Act, 2005.
The brief facts as put on record clearly shows the lackadaisical approach of respondents (PIO as well as FAA) in implementing the RTI Act. Thus, Appellant strongly believes that respondents have taken the RTI Act very casually."
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present in person.
Respondent: Ms. Laxmi Kumari, Dy. Director (Architect)-cum-FAA, DDA accompanied by Mr. Anil Fulzele, Arch. Assistant and Mr. Pradeep Yada, A.D. (Housing), DDA present in person.
Written submissions filed by the Respondent are taken on record.
The contents of written submission dated 16.08.2023 filed by Mr. Sushant, Asstt. Dir. (MIG)-H/PIO are reproduced below -
"...for question no. 1 and 2, matter pertains to Architect department, and the reply of the same has been provided vide letter no. FACA/NZ/HUPW/DDA/RTI/2021/81 dated 08/03/2021.
Further, for question 3 and 4, information sought has been already provided by the Coordination (housing) branch on the online RTI portal.Page 4 of 8
No additional information is available in this branch. Since matter doesn't pertains to this branch, no further action is required from our end."
The contents of written submission dated 18.08.2023 filed by Ms. Kalpana Khokhar, Asstt. Dir. (Arch)/PIO, North Zone & Narela, DDA are reproduced herein below -
"...Action Taken w.r.t above RTI: RTI application no DDATY/R/E/21/00688/1 received on 02.03.2021 was replied on 08.03.2021 vide letter no. F. ACA/NZ/HUPW/DDA/RTI/2021/81 as follows: Para no a & b: Regarding Constructing EWS flats and MIG flats in the same campus as well as policy/ govt guidelines, it is to mention that the EWS and Category II Housing in Pocket 1A, Sector A1-4, Narela was designed as per MPD 2021 Norms and was approved vide item no.177:2012 in the 310th Screening Committee Meeting. MPD 2021 norms are available on DDA's website under subhead Master Plan - Planning - master plan report of master plan of Delhi 2021.
Clarification: -
As per available record of this unit, EWS and Category-II dwelling units in Pocket-1A, Sector A1-A4, Narela was approved as per the development control norms provided vide per MPD- 2021 in the 310th Screening Committee Meeting vide item no. 177:2012. MPD-2021 is available on DDA's website under subhead Master Plan Planning master plan report of master plan of Delhi 2021. Same was informed to the applicant vide letter dated 08.03.2021 Para c & d: Rest of the Para's pertains to Housing department of DDA hence your RTI application is forwarded to concerned PIOs of Housing department with the request to provide information directly to the applicant. Clarification: -
Disposal of DDA flats/ Housing schemes pertains to Housing department of DDA, hence RTI application was forwarded duly on time to concerned CPIO for providing the information w.r.t para c & d vide letter dated 08.03.2021. RTI appeal application no DDATY/A/E/21/00349 dated 15.04.2021 Action Taken: - RTI appeal application no DDATY/A/E/21/00349 received on 26.04.2021 was replied on 30.04.2021 vide letter no. F. ACA/NZ/HUPW/DDA/RTI/2021/131 Kind submission to the Hon'ble Information Commissioner w.r.t point no 3, 4 and 6.Page 5 of 8
W.r.t. the complaint filed by the applicant related to incomplete and misleading information along with no copy of policy has been provided till date vide u/r RTI application received on 02.03.2021 was replied on 08.03.2021. It is hereby submitted that:
• The reply has been timely provided to the applicant by CPIO and FAA. • The reply has been provided as per available record and does not convey incorrect, incomplete and misleading information."
The contents of written submission dated 16.08.2023 filed by Ms. Priya Agarwal, Asstt. Director (Coord) H/PIO, DAA with the same contents in the written submission dated 28.05.2024 filed by Mr. Mahendra Kumar Meena, Asstt. Director (Coord) H/PIO, DAA are given below:
"...POINT WISE REPLY 1 & 2 Information pertains to PIO(Arch)/DDA. The RTI was electronically forwarded to PIO(Arch) by EO III to EM and replied vide letter dated 08.03.21 3 & 4: DDA has not launched any Group Housing Scheme 2019, it has launched DDA Housing Scheme 2019. Kindly refer to the DDA Housing Scheme 2019 Brochure in which details of locality were clearly mentioned in Annexure A. Also refer to the TYPICAL UNIT PLAN at page no 16(attached) which clearly mentioned the locality of the flats.
Further, the RTI Appeal in the matter has not been received in this office. However, as seen from the RTI-MIS portal the Appeal no. DDATY/A/E/21/00348 dated 15.04.2021 has been disposed of by Dy. Director (Arch)/FAA vide letter dated 31.04.2021 (copy enclosed) The Copy of Notice of Hearing is also forwarded to PIO/Asstt. Director(Arch.) to provide the reply on point no. a and b of RTI application vide E-office receipt no. 563487 dated 16.03.2023.
In view of above, it is submitted that PIO/Coordination/Housing has provided the desired information to the applicant as per available records and within stipulated time as per RTI Act."
Respondents while inviting attention of the Commission towards the contents of their averred written submissions submitted that point-wise reply along with relevant available information has already been provided to the Complainant. Ms. Laxmi, FAA Dy. Director (Architect)-cum-FAA, DDA produced Page 6 of 8 a copy of Master Layout Plan before the Commission which has been perused. Respondent agreed to share a copy of the same with the Complainant.
Upon being queried by the Commission, Mr. Pradeep Yada, A.D. (Housing), DDA clarified that brochure along with copy of plan available in their website clearly shows what kind of EWS flat among total 15% of FAR as approved in the gazette is disclosed in the plan which can be easily accessed by the public.
Complainant while reiterating the contents of instant Complaint pleaded that complete and relevant information has not been provided by the Respondent till date. He contended that even the complete details of advertisement/scheme along with map plan is not available on the website of DDA as claimed by the Respondent. Had such clarification about 15 % of the FAR being allocated for EWS been provided as upfront disclosure then he would not have resorted to RTI channel and may have changed his mind for making investment in this scheme. He apprised the Commission that majority of the flats had been sold out to the Delhi Police by the DDA on its own choice. He prayed the Commission to act against the DDA officials for such faults.
Decision The Commission, after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, notes that appropriate response has been provided to the Complainant vide letter dated 08.03.2021. The respondents further clarified the issue relating to 15% of FAR being allocated for construction of EWS category flats which is as per the approved gazette notification of the Ministry and the Map in this regard is already available on their website.
It is noted that the instant matter is a complaint under the RTI Act where no further direction for disclosure of information can be given and it is only required to be ascertained if the information has been denied with a mala fide intention or due to an unreasonable cause. Upon perusal of the facts on record, the Commission finds that reply has been given by the respondent. No Page 7 of 8 mala-fide is established on the part of the PIO in this case. The Commission finds no scope of intervention in the instant matter.
Nonetheless, considering the issue flagged by the Complainant an advisory under Section 25(5) of the RTI Act is issued to the Respondent Public Authority for upfront public disclosure of information in compliance with Section 4(1)(b) of the RTI Act as recently directed by Hon'ble Apex Court in the case titled Kishan Chand Jain v. UOI & Ors. WRIT PETITION (CIVIL) No. 990 of 2021. During the hearing there was a suggestion to change the design of the EWS quarter so as to discourage the practice of resale by the allottees. The design may be changed to provide common toilets instead of attached toilets and provide a separation wall with controlled entry gates. This will help attract the real needy service providers in the EWS quarters and thus meet the object of juxtaposing EWS quarters with higher type of accommodation. Respondent Public Authority may consider the same.
With the above-said observations, this Complaint is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Delhi Development Authority, RTI Implementation & Coordination Branch, C-Block , 3rd Floor ,Vikas Sadan , INA Colony , New Delhi -110023 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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