Central Information Commission
Adarsh Kumar Handa vs Delhi Development Authority on 24 April, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DDATY/A/2024/651624
Adarsh Kumar Handa ....अपीलकता/Appellant
VERSUS
बनाम
The CPIO .... ितवादीगण /Respondent
1. Asstt. Director (LM)-East Zone, 2. Dy. Director (RTI)/ Nodal CPIO,
Delhi Development Authority, RTI Cell, C-Block,
Hall No. 8, 3rd Floor, Vikas Sadan,
Laxmi Nagar District Centre Behind V3S Mall, INA, New Delhi-110023
Delhi-110092
Date of Hearing : 22.04.2026
Date of Decision : 24.04.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from second appeal:
RTI application filed on : 31.08.2024
CPIO replied on : 14.10.2024
First appeal filed on : 01.10.2024
First Appellate Authority's : N.A
order
Second Appeal dated : 21.11.2024
Page 1 of 6
Information sought:
1. The Appellant filed an RTI application on 31.08.2024 seeking the following information:
"Brief History of award no. 6-C/71-72 (suppl) W.P.(C] 6351/2015 & CM No. 11554/2015, Shri Chaman Singh & Ors vs Land Acquisition Collector (LAC) & Delhi Development Authority in respect of the land situated in revenue estate of Village Gharonda Neem ka Bangar, Delhi acquired vide award no. 6-C/71-72 (suppl) dt 31-03-1977 (mentioned in the judgement) was decided by Delhi High Court on 15-12-2015 & Supreme Court in CA-8711 OF 2016 on dt 31-08-2016 (Annex-01).
It was mentioned by Delhi High Court in the Judgement dt 15-12- 1015 cited above that -The stand of the respondents, however, is that the Naksha Muntzamin is not traceable and therefore the respondents are not in a position to specifically state as to whether the compensation was paid or not. It was decided by the Court that
-6. As a result, the petitioners are entitled to a declaration that the said acquisition proceedings in respect of the said 2 Bighas and 8 Biswas of land initiated under the 1894 Act are deemed to have lapsed. It is so declared.
And in CA-8711 of 2016 on dt 31-08-2016 the Supreme Court ordered DDA that -5. We make it clear that in case no fresh acquisition proceedings are initiated within the said period of one year from today by issuing a Notification under Section 11 of the Act, the appellant, if in possession, shall returnthe physical possession of the land to the original land owner. The plots of the applicant having area of 400 Sq Yards situated in Khasra Nos 243 & 244 having an area of 2-Bigha -2 Biswa & 2Bigha- 14-Biswa respectively in Village Gharonda Neem Ka Bangar was already in possession with DDA on 01-10-1976 as informed by the LAC in WP(C)48-01/2018 filed by the petitioner. Before the issue of the Award dt 31-03-1977.
In View of the above please provide the following information:
1) Certified copies of the acquisition proceedings afresh after the direction of the Supreme Court to DDA in CA-8711 of 2016 on dt 31-08-2016 on dt 31-08-2016 Page 2 of 6
2) Certified copy of the Award issued after completing the Acquisition proceedings as such mentioned in point No.1 above.
3) If the award has not issued by DDA then certified copy of the letter issued by DDA to the authority to take necessary action for completing the necessary instruction issued by the Supreme Court on dt 31-08-2016."
2. On dated 14.10.2024 the CPIO, (NL-II), DDA transferred the RTI application to CPIO, LAC (East) and replied as under:
"This is in reference to your online RTI Application bearing Registration no. DDATY/R/E/24/02505 dated 30/08/2024 transferred to this office seeking information under RTI Act. 2005. In this context, the information requested in the RTI application has been perused and as per the report of revenue officials of the Land Record Branch, DDA, the Point wise reply is as follows:
Point Nos. 1: No such letter is received in this office as per available record.
Point No. 2: Pertains to the PIO/APIO. O/o Additional District Magistrate, LAC (EAST) Point Nos. 3& 4: As per LR, DDA, no such record is available in this office."
3. Being dissatisfied, the appellant filed a First Appeal on 01.10.2024. The FAA transferred the First Appeal to LAC, East on 28.10.2024. However, the order of FAA, LAC, East is not available on the record.
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present: -
Appellant: Mr. Adarsh Kumar Handa Respondent: Mr. Kishan Lal, PIO & Asst. Director and Mr. Sunil Gupta, Nodal Officer
5. Proof of having served the copy of the second appeal to the respondent while filing the same in CIC is not available on record.
Page 3 of 66. The appellant inter alia submitted that the RTI application dated 31.08.2024 has been subjected to multiple and mechanical transfers between the offices of DDA and LAC without any substantive information being furnished. It was contended that the land in question (Khasra Nos. 243 & 244, Village Gharonda Neem Ka Bangar) was acquired by the Land Acquisition Collector and possession thereof was handed over to DDA on 01.10.1976, much prior to the Award dated 31.03.1977. The Appellant further submitted that despite the directions of the Hon'ble Supreme Court in CA No. 8711 of 2016 dated 31.08.2016 regarding fresh acquisition proceedings, no clear information has been provided as to whether such proceedings were initiated or completed. The Appellant also relied upon a letter dated 25.07.2024 issued by LAC to DDA seeking records related to the said properties.
7. The respondent CPIO, DDA while defending their case inter alia submitted that. the RTI application was initially received in NL-II branch of DDA and, upon perusal, it was observed that the information sought primarily pertained to the office of the Land Acquisition Collector (East). Accordingly, the application was transferred on 14.10.2024.
Decision:
8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the RTI application dated 31.08.2024 was transferred by the CPIO (NL-II), DDA to the office of LAC (East) on 14.10.2024. However, the Commission notes that transfer was made after a delay of 2 months. The inordinate delay in transfer defeats the very objective of the Act, which envisages timely dissemination of information. Accordingly, the Commission admonishes the conduct of the respondent CPIO for the above lapses, with directions to remain careful in future while dealing with RTI application.
The Commission also takes note of the letter dated 25.07.2024 issued by the LAC, East to DDA, which clearly shows that the LAC, East had sought relevant documents from DDA in respect of the same Khasra numbers. Therefore, the Commission is of the view that the sought information is intrinsically linked to DDA and are either available with it or can be accessed by it, from the LAC. East.
In view of the foregoing, the Commission directs the Respondent CPIO, DDA obtain the sought information from the custodian CPIO, including the office of LAC (East) and provide a revised reply to the Appellant, within a Page 4 of 6 period of 21 days from the date of receipt of this order, under intimation to the Commission. Nodal Officer, RTI to ensure compliance of this order. It is made clear that any non-compliance of this order may attract action under section 20 of the RTI Act, 2005.
With the above observations and directions, the appeal is disposed of.
Sd/-
SANJEEV KUMAR JINDAL (सं जीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 24.04.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Page 5 of 6 Addresses of the Parties:
1. The CPIO Asstt. Director (LM)-East Zone, Delhi Development Authority, Hall No. 8, Laxmi Nagar District Centre Behind V3S Mall, Delhi-110092
2. The CPIO Dy. Director (RTI)/ Nodal CPIO, RTI Cell, C-Block, 3rd Floor, Vikas Sadan, INA, New Delhi-110023
3.Mr. Adarsh Kumar Handa Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)