Central Information Commission
Mr.Ramesh Sharma vs Ministry Of Urban Development on 20 September, 2011
1
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2011/000436
Appellant /Complainant : Shri Ramesh Sharma,
Delhi
Public Authority : DDA, New Delhi
(Shri D.K. Gupta, Dir.
(Housing).II)
Date of Hearing : 20 September 2011
Date of Decision : 20 September 2011
Facts:
1. Shri Ramesh Sharma submitted RTI application dated 11 February 2010 before the CPIO, , office of Director (Housing) - II, DDA, New Delhi to seek information through four points pertaining to his own flat - enclosed herewith as Annexure A.
2. Vide CPIO order dated 23 March 2010 the RTI application was forwarded to the office of the Chief Engineer, Rohini Zone, DDA as they were the holders of information with the request that the information be sent directly to the applicant.
3. Appellant preferred appeal dated 10 March 2010 before the first appellate authority.
4. Matter was decided vide FAA order dated 21 April 2010 directed the CPIO, Deputy Director (LIG) - H to provide the requisite information to the appellant without any further loss of time and the appellant was directed to visit his office on 30 April 2010 at 11 AM in case he did not receive any satisfactory information from CPIO.
5. Appellant preferred second appeal before the Commission.
6. Matter was heard today. Both parties were present as above in person and made submissions.
Appeal : No. CIC/DS/A/2011/000436 2 Respondent stated that information was provided to the appellant only on receipt of the first appeal as they had not received the RTI application. Appellant countered by showing proof of receipt of the RTI application by the DDA to the Commission. Furthermore appellant stated that he was called by the first appellate authority to visit his office by this order dated 21 April 2010 in response to his first appeal but when he went there, he was told by the FAA that he was not holder of information. Appellant complained that this had caused great inconvenience and harassment particularly since he was physically challenged and had to put in special effort to attend the meeting with the first appellate authority. Appellant also stated that to date he had not received any information whatsoever from the CPIO, office of the Chief engineer, Rohini. Respondent submitted that vide their letter dated 14 September 2011, a copy of the CIC's notice of hearing today was sent to the office of the Chief engineer (Rohini) however no one from this office has appeared today in spite of a reminder telephone call from the respondent.
Decision notice
7. Through this order notice is issued to the CPIO, office of the Chief engineer (Rohini), DDA New Delhi to show cause why penalty should not be imposed upon him for not having provided information to the appellant as per the provisions of the RTI act and also why compensation should not be awarded to the appellant for the undue harassment caused to him due to the non furnishing of information . Accordingly opportunity of personal hearing is given to him and he directed to appear before the Commission on 29.11.2011 at 12.30 PM. Respondent is also directed to provide information as sought by the appellant in his RTI application within one week of receipt of the order. Appellant has drawn the attention of the Commission to notice under section 30 (1) and under section 31 (1) of the DDA Act, 1957, dated 4 May 2011 issued to him by the Assistant Engineer (Rohini) Zone, Housing Enforcement Branch vide which Appellant has been asked to show Appeal : No. CIC/DS/A/2011/000436 3 cause why fixed fibre sheet in front of balcony should not be demolished. According to the averments of the appellant this notice has been sent to him on account of his preferring the RTI application and that such temporary fibre sheets have been fixed by many others. Accordingly the CPIO will also bring before the Commission information regarding how many others in the same area had been issued such notices along with copies of the notices issued.
8. Appellant can appear in person or will be heard via audio conferencing.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Ramesh Sharma EIII/555, Sector18 Rohini, Delhi110089
2. The CPIO Dy. Director (Housing) DDA, DBlock, Vikas Sadan, INA New Delhi
3. The Appellate Authority Director (HousingII) DDA, DBlock, Vikas Sadan, INA New Delhi
4. The CPIO O/o Chief Engineer (Rohini Zone) Delhi Development Authority Near Madhuban Chowk, DDA Office Complex Rohini, Delhi110085
5. The Sr. Research Officer (RTI) RTI Implementation & Coord.Br., C1, Block, 3rd. Floor, Vikas Sadan, INA Mkt., Appeal : No. CIC/DS/A/2011/000436 4 New Delhi Appeal : No. CIC/DS/A/2011/000436