Central Information Commission
Jeet Pala vs Delhi Development Authority on 3 November, 2016
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
Files No. CIC/DDATY/C/2016/303746/KY
CIC/DDATY/C/2016/303759/KY
CIC/DDATY/C/2016/303760/KY
CIC/DDATY/C/2016/303762/KY
CIC/DDATY/C/2016/303767/KY
CIC/DDATY/C/2016/303770/KY
Complainant : i) Smt Geeta Devi
C/o Sh. Uday Ram
G-166, JJ Colony, Bawana Delhi-110039
ii) Smt. Anguri Devi
W/o Sh. Chandrapal,
G- 233, JJ Colony Bawana Delhi-110034
iii) Shri Jeet Pal
S/o Shri Chedala
K-21, JJ Colony Bawana Delhi- 110039
iv) Smt. Sumitra Devi
W/o Sh. Hoti Lal
G- 192, Bawana, JJ Colony Delhi- 110039
v) Shri Charan Singh
S/o Sh. Man Singh
G- 194, JJ Colony, Bawana Delhi-110039
vi) Shri Deepchandra
C/o Shri Babulal
G- 202, JJ Colony, Bawana, Delhi
Public Authority : The Dy. Director (LM) NZ & PIO
DDA O/o Dy. Director (LM) NZ, LSC, LU
Block, Pitampura, Delhi-110088
Page 1 of 4
Date of Hearing : 24.10.2016
Date of Decision : 24.10.2016
Presence:
Complainant : Smt Geeta Devi, Smt. Anguri Devi, Shri Jeet Pal, Smt. Sumitra Devi,
Shri Charan Singh, Shri Deepchandra
CPIO : Shri Bhoop Singh, Dy. Director (LM /NZ) & PIO
FACTS:
I. Vide RTI application dated NIL, the Complainant sought information on 8 issues. II. CPIO, vide its response dated 13.06.2016, has provided the information to the Complainant.
III. The First Appeal (FA) was filed on NIL, as desired information not provided. IV. First Appellate Authority (FAA), order is not on record. V. Grounds for the Complaint filed on NIL, are contained in the Memorandum of Complaint.
HEARING Complainant as well as respondent appeared before the Commission personally and made the submissions at length.
DECISION At the outset, it is to be seen here that all six complaints are based upon complainant's RTI application dated NIL. It is further to be seen here that subject matter of all these six RTI applications are same. Thus, in view of this, these six cases are being dealt together accordingly.
2. It would be seen here that the complainants, vide their RTI Applications dated NIL, sought information from the respondents on 8 issues pertaining to allotment of Plot after demolishing the jhuggi-jhopris. Further, respondents vide their responses dated 13.06.2016, informed the complainants that the complainants are not eligible as per the rules. Being aggrieved by the aforesaid responses, FAs were filed by the complainant before the FAA, who could not take up the same for the reasons best known to him. Hence, complainants have filed their complaint dated NIL before the Commission.
3. During hearing of the case, it is submitted by Shri Bhoop Singh, Dy. Director (LM /NZ) & PIO, that incompliance of Delhi High Court's order dated 25.11.2009, in WPC-2155/07 (titled Dewan Singh & Others vs. UOI & Ors.), a committee was constituted to consider the claim for grant of alternate plots to Jhuggi-Jhopris Dwellers. The committee has also considered the whole issue in the circumstances of cases and settled some eligibility criteria as mentioned on Page no. 5, 6 & 7 of the Committee Reported dated 22.05.2013.
Page 2 of 4In the light of Committee's Report, the complainants' cases were considered by respondents/DDA and the Complainants were found not eligible for allotment of alternate Plot. Accordingly, the complainant's were informed vide respondent's letter dated 13.06.2016. Further, Shri Bhoop Singh, Dy. Director (LM /NZ) & PIO, has also submitted the Committee Report dated 22.05.2013 for the kind perusal of this Commission and the same was thoroughly perused by Hon. Commission.
4. It is pertinent to mention here that most important criterion among the other criteria mentioned under Section 18(1) (a) to (e) of the RTI Act 2005, appears to be that complainant must be given incomplete, misleading and false information. However, the other criteria seems to be, refusal of access, not given response, charging unreasonable fee and even refusal of accepting the application for information etc. etc.
5. It is further stated here that, as per Section 18 (2) of the RTI Act 2005, in the complaint cases, it is mandatory on the part of Hon'ble Commission to be satisfied first that there are reasonable grounds for getting the matter inquired from the O/o respondents before proceeding under Section 18 read with 20 of the RTI Act 2005 and the main satisfaction of the Hon'ble Commission seems to be the fulfillment of either criteria as mentioned under Section 18(1) (a) to (e) of the RTI Act 2005.
6. The Commission heard the submissions made by complainant as well as respondents at length. The Commission also perused the case-file thoroughly; specifically, nature of issues raised by the complainant in his RTI applications dated NIL, respondent's responses dated 13.06.2016, other material made available on record including Committee Report dated 22.05.2013 and also the contents of complaints.
7. In view of the position above and in the circumstances of the case, the Commission feels, not satisfied, under section 18(2) of the RTI Act 2005, that there are reasonable grounds for getting the matter inquired simply because the complaint, under reference, miserably failed to qualify the criteria as mentioned under Section 18(1) of the RTI Act 2005. As such, the Commission is of the considered view that complainants' complaints devoid of merit and deserve to be dismissed forthwith. Therefore, these are hereby dismissed.
The complaints are dismissed accordingly.
Sd/-
(M.A. Khan Yusufi) Information Commissioner Authenticated true copy (Krishan Avtar Talwar) Deputy Secretary Page 3 of 4 The Dy. Director (LM) NZ & CPIO DDA O/o Dy. Director (LM) NZ, LSC, LU Block, Pitampura, Delhi-110088 Smt Geeta Devi C/o Sh. Uday Ram G-166, JJ Colony, Bawana Delhi-110039 Smt. Anguri Devi W/o Sh. Chandrapal, G- 233, JJ Colony Bawana Delhi-110034 Shri Jeet Pal S/o Shri Chedala K-21, JJ Colony Bawana Delhi- 110039 Smt. Sumitra Devi W/o Sh. Hoti Lal G- 192, Bawana, JJ Colony Delhi- 110039 Shri Charan Singh S/o Sh. Man Singh G- 194, JJ Colony, Bawana Delhi-110039 Shri Deepchandra C/o Shri Babulal G- 202, JJ Colony, Bawana, Delhi Page 4 of 4