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Central Information Commission

Shri Som Dutt Sharma vs Delhi Development Authority on 31 July, 2009

329 SomDuttSharmaVsDDA 31 07 14                         1


                        CENTRAL INFORMATION COMMISSION
                  Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                                  Complaint No. CIC/LS/C/2009/000329

Complainant:                                             Shri Som Dutt Sharma

Public Authority:                                        Delhi Development Authority
                                                         (through Ms. Aparna Raghuram, RTI
                                                         Coordinator; Shri S.P. Sharma, Deputy
                                                         Director(OSB); Shri Chandrama Sah,
                                                         Deputy Director(LM)(WZ); &
                                                         Shri M.S. Aggarwal, AD(LM)(WZ))

Date of Hearing:                                         31/07/2009

Date of Decision:                                        31/07/2009

FACTS:-

The complainant had sought the following information through his RTI application:-

i) Whether the land of Swatantra Bharat Mills (Mills hereinafter) was acquired by DDA or the Mills sold off the land to DDA;

ii) How much land, in total, does the Mills have?

iii) Whether the Mills has handed over 68% of its land to DDA and retained the remaining 32% land;

iv) Whether the School and the Mazar situated in the Mills' premises are located in the land of the Mills or these are located outside.

2. As the DDA did not provide him any information on the above points, he has filed the present complaint before the Commission.

3. The matter initially came up for hearing on 24/07/2009. The complainant appeared before the Commission along with his colleagues. However, nobody appeared for DDA despite notice having been issued to the CPIO and the Appellate Authority. The matter was, therefore, adjourned to 31/07/2009. The Assistant Registrar of the Commission also telephonically spoke to Ms. Aparna Raghuram and this date was fixed in consultation with her. She was also requested to inform the concerned CPIO/AA to appear before the Commission.

4. As scheduled, the matter was heard on 31/07/2009. The complainant is present along with his colleagues. DDA is represented the officers named above. It is the submission of Ms. Aparna Raghuram that the concerned officers in this matter are Shri D. Sarkar, Director(LM)(HQ) and Shri Chandrama Sah, Deputy Director(LM)(WZ). Shri Shah, who appeared before the Commission about an hour late, would submit that he is not concerned with the matter. The DDA officers were heard. It is not yet clear to them as to who is the custodian of the requisite information in DDA. This does not speak well of the functioning of DDA and its officers. The Commission is not concerned as to in which Department or Wing of DDA is this matter to be dealt with. Nor is the complainant. The prime concern of the Commission is that the requested information is provided to the complainant, if not otherwise exempted as per law. As mentioned above, the officers of DDA are not sure whether this information is available with DDA and, if yes, in which Department or Wing of DDA. The Commission deprecates this state of affairs.

5. It may also be apt to mention that the complainant has appeared before the Commission twice i.e. on 24th and 31st July, 2009, along with his colleagues but due to casual attitude of DDA officers, no information could be provided to him. This has resulted in wastage of his time and resources for which DDA appears to be squarely responsible.

DECISION

6. In the facts and circumstances of the case, the following decision is recorded:-

(a) Ms. Aparna Raghuram, RTI Coordinator, DDA, is hereby directed to cull out information from the quarters concerned and provide the same to the complainant in 02 weeks time, as assured by her in the hearing.

(b) A notice may be issued to Shri B.M. Bansal, Principal Commissioner and Secretary, DDA, to Show Cause why compensation of Rs.5,000/- should not be awarded to the complainant for appearing before the Commission on two dates i.e. 24/07/2009 and 31/07/2009, resulting in wastage of his time and resources for no fault of his.

The notice is returnable in 04 weeks time. If no response is received from Shri Bansal, it will be presumed that he has nothing to say and the matter will be decided ex parte.

Sd/-

(M.L. Sharma) Central 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.

(K.L. Das) Assistant Registrar Tele: 011 2671 73 53/Fax: 011 2610 62 76 Copy to:-

(1)     Som Dutt Sharma, C-124,
        Industrial Housing Colony,
        Najafgarh Road, Karampura,
        New Delhi-110015.

(2)       Ms. Aparna Raghuram,
          RTI Coordinator, DDA, Vikas Sadan,
          INA, New Delhi.

(3)       Shri S.P. Sharma, Deputy Director(OSB),
          DDA, Vikas Sadan, INA, New Delhi.

(4)       Shri Chandrama Sah,
          Deputy Director(LM)(WZ),
          DDA, Subhash Nagar, New Delhi-110027.

(5)       Shri M.S. Aggarwal, AD(LM)(WZ),
          DDA, Subhash Nagar, New Delhi-110027.