Central Information Commission
Mr.Sunil Garg vs Delhi Development Authority on 4 November, 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/2011/000675
Appellant /Complainant : Sh. Sunil Garg, New
Delhi
Public Authority : DDA, NewDelhi
(Sh. P.S.Joshi, Dhy.Dir.
(Indstr.)/CPIO
& Sh. S.N. Gupta, Dir.
(Indstr)/AA)
Date of Hearing : 04 November 2011
Date of Decision : 04 November 2011
Facts:
1. Shri Sunil Garg submitted RTI application dated 7 June 2010 before the CPIO, DDA, Land Sales Branch (industrial), New Delhi to seek information pertaining to timeline, conditions and procedure adopted by the DDA for conversion of shops into freehold through six points - enclosed herewith as Annexure A.
2. Vide CPIO order dated 16 June 2010, point wise information was furnished to the appellant which failed to satisfy him.
3. Appellant preferred appeal dated 28 June 2010 before the first appellate authority.
4. Matter was decided vide FAA order dated 7 July 2010.
5. Appellant preferred second appeal before the Commission.
6. Matter was heard today. Both parties were present as above in person and made submissions. Respondent stated that previous to March 2010, it was not mandatory for the applicants to submit completion certificate/form D for conversion to freehold and other documents such as electricity connection/bill Appeal : No. CIC/DS/A/2011/000675 2 etc were accepted by DDA as sufficient proof of occupation/construction. Appellant made the following points:
(1) that he had received information in response to his RTI application that after all the required documents for conversion from leasehold to freehold are submitted, the matter is decided within 90 days. However after he submitted his initial application to DDA on 17 July 2008, he was asked by DDA vide their letter of 16 October 2008 to deposit conversion charges which he fulfilled immediately. Subsequently after passage of over one year, vide letter dated 23 November 2009, DDA directed him to deposit ground rent charges which he also complied with on 2 December 2009. Finally, after another six months, vide letter dated 11 May 2010 from DDA appellant was asked to submit completion certificate/form D failing which he was informed that the deposited money will be returned to him and that the appellant's shop would be not be converted to freehold.
(2) That as per information obtained by him from DDA through another RTI application, the case of Shri Vilayati Ram Garg was approved for conversion of his shop to freehold on 26 February 2010 without his submitting either the completion certificate or form D. On the other hand, vide letter of the same date i.e. 26 February 2010 from DDA he was asked to furnish the completion certificate/form D for conversion of his shop from leasehold to freehold.
Decision notice
7. Commission has heard both parties Commission directs as follows:
Point 3, 4 and 5: respondent is directed to provide information to the appellant as sought his RTI application.
Appeal : No. CIC/DS/A/2011/000675 3 Point 6: respondent will provide copy of the rules regarding payment of interest on money deposited with DDA as conversion charges.
8. Information to be provided within two weeks of receipt of the order.
9. The Commission places on record the fact that on the strength of rights given to the citizen under the RTI Act, the appellant has received information pertaining to the decisions taken by DDA in respect of conversion of shops in WHS Lohamandi, Naraina, New Delhi which have shown that application of rules has not been uniform in the case of all applicants and particularly discriminatory in the case of the appellant in whose case DDA has asked him to submit two additional documents for processing his application for conversion on 26 February 2010 whereas on the very same date, DDA has cleared the case of another applicant for conversion of his shop in the same area from leasehold to freehold without the submission of these two documents. Such decision appears to be arbitrary and discretionary and loaded against the appellant. Therefore as per the preamble to the RTI Act, wherein it is stated that the objective of this Act is ".... to hold Governments and their instrumentalities accountable to the governed", appellant is free to present his grievance before the higher authorities in DDA and seek redressal.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Sunil Garg Y105, Loha Mandi Naraiana, New Delhi110028
2. The CPIO Appeal : No. CIC/DS/A/2011/000675 4 Dy. Director (Indl.) Delhi Dvelopment Authority Land Sales Branch (Industrial ) Vikas Sadan, INA, New Delhi 110023
3. The Appellate Authority Director (CL) Delhi Dvelopment Authority ABlock, 1st. Floor Vikas Sadan, INA, New Delhi 110023
4. The Commissioner (Lands) Delhi Development Authority Vikas Sadan, INA, New Delhi110023
5. The Vice Chairman Delhi Development Authority Vikas Sadan, INA, New Delhi110023
6. The Sr. Research Officer (RTI) RTI Implementation & Coord.Branch DDA, C1 Block, 3rd. Floor, Vikas Sadan, INA, New Delhi110023 Appeal : No. CIC/DS/A/2011/000675