Central Information Commission
P S Taneja vs Delhi Development Authority on 30 September, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/DDATY/A/2017/127649
Date of Hearing : 20.09.2018
Date of Decision : 20.09.2018
Appellant/Complainant : Shri P S Taneja
Respondent : PIO
Assistant Director (Arch)
DDA, Building Section
Through:-Sh. Praveen Dhamija - Dy.
Dir.
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 19.01.2016
PIO replied on : 22.08.2016
First Appeal filed on : 05.09.2016
First Appellate Order on : 07.10.2016
2ndAppeal/complaint received on : 27.04.2017
Information soughtand background of the case:
Appellant purchased property (viz. Plot no. 3, complete 2nd floor, 1564 Sq. ft super area, F-Block, L.S.C. Vardhman Western Plaza, PaschimVihar, Bhairo Enclave, New Delhi. Vide RTI application dated 19.01.2016, the appellant sought following information:-
1. Total area of the plot.
2. Total carpet area of the plot
3. Common area of the plot
4. Total cost of the plot
5. Rate of ground rent
6. The interest rate charge on belated payment of ground rent and supply me the lease deed copy in between DDA &Vardhman promoters Pvt. Ltd.
7. The sanctioned plan of the said property.
Asst. Director (Arch)Bldg. vide letter dated 22.08.2016 informed that the appellant sought third party information, therefore, consent sought from Vardhaman Properties Ltd. owner of property but he denied from disclosure of information. Dissatisfied with denial of information, the appellant filed first appeal. FAA/Director (Bldg) vide letter dated 07.12.2016 upheld the reply of CPIO. Feeling aggrieved as not received information, the appellant approached the Commission.
Facts emerging in Course of Hearing:
The appellant has sought information about his property which he has purchased from Vardhman Properties Ltd., in order to get the property converted into freehold.
Respondent reiterates that upon seeking consent under Section 11 of the RTI Act from the third party/builder viz. Vardhman Properties Ltd., the Respondent was informed of objection of the third party in respect of disclosure of information. Hence the information as sought by the appellant could not be furnished to the appellant.
Decision:
After hearing contentions of the parties, the Commission finds the Respondents adjudication is flawed inasmuch as the appellant is undisputedly the owner of the portion of property viz.Plot no. 3, complete 2nd floor, 1564 Sq. ft super area, F-Block, L.S.C. Vardhman Western Plaza, Paschim Vihar, Bhairo Enclave, New Delhi. Hence the information as sought by him, relating to his own property cannot be treated as third party nor can exemption from disclosure be exercised with respect to the information. The order/s of the Respondent PIO and FAA is/are thus set aside.
It is hereby directed that complete information pertaining to the property owned by the appellant shall be furnished by the Respondent within three weeks of receipt of this order. Compliance Report of these directions shall be submitted by the Respondent within 18.10.2018, failing which appropriate non-compliance proceedings shall be initiated by this Commission.
The appeal is thus disposed of with these directions.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P. Grover) Designated Officer