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Central Information Commission

Sitaram Mishra vs Delhi Development Authority on 13 December, 2022

Author: Heeralal Samariya

Bench: Heeralal Samariya

                             केन्द्रीय सूचना आयोग
                      Central Information Commission
                          बाबा गंगनाथ मागग ,मुननरका
                       Baba Gangnath Marg, Munirka
                       नई निल्ली, New Delhi - 110067

 नितीय अपील संख्या/Second Appeal No.: CIC/DDATY/A/2022/115533

 Sitaram Mishra                                         .....अपीलकताग /Appellant

                                    VERSUS/बनाम


 Public Information Officer Under RTI,
 Assistant Director-(RTI Section),
 Delhi Development Authority,
 RTI Implementation & Coordination Branch,
 C-Block, 3rd Floor, Vikas Sadan,
 I.N.A. Colony, New Delhi-110023.

 Public Information Officer Under RTI,
 Deputy Secretary-(RTI/Admin.),
 Department of Urban Development
 (Government of NCT of Delhi),
 9th Level, C-Wing, Delhi Secretariat,
 I.P. Estate, New Delhi-110002.

                                                          ...प्रनतवािीगण/Respondents

Relevant facts emerging from appeal:

  RTI application filed on          :   24.05.2019
  CPIO replied on                   :   25.02.2022
  First appeal filed on             :   29.12.2021
  First Appellate Authority order   :   Not on record
  Second Appeal received at CIC     :   31.03.2022
  Date of Hearing                   :   13.12.2022
  Date of Decision                  :   13.12.2022


                   सूचना आयुक्त   : श्री हीरालाल सामररया
            Information Commissioner:    Shri Heeralal Samariya


                                                                          Page 1 of 5
 Information sought

:

The Appellant sought following information:
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 29.12.2021. • PIO/AD (PMAY) furnished reply vide letter dated 25.02.2022 as under :
Page 2 of 5
• Written submission has been received from PIO, UD/BSUP vide letter dated 09.12.2022 as under:
• Written submission has been received from the CPIO, AD, PMAY/ISR, DDA vide letter dated 12.12.2022 as under :
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing: The following were present: -
Appellant: Present Page 3 of 5 Respondent: 1. Ms. Sarita, DDA

2. Mr. Kirti Nanadan Agarwal, DDA

3. Mr. J.P. Meena, Dy. Secretary, UD Dept. GNCT Delhi

4. Mr. Brijendra Prawat, UD Dept. GNCT Delhi The Appellant submitted that he had submitted a complaint dated 15.05.2019 to the PM office regarding allotment of flat to homeless persons as per Pradhanmatri Awas Yojna but despite numerous request flat has not been allotted in his favour.

The Respondent No. 1 submitted that the RTI application was not received in their office due to which reply was not furnished by the PIO. They further submitted that First Appeal was duly received in their office on being transferred by the FAA/MoUA. In addition, it was stated that PIO furnished reply to Appellant vide letter dated 25.02.2022. They submitted that information from their official record has been duly furnished to the Appellant.

The Respondent reiterated their written submission and stated that requisite information is closely related to Respondent No. 1 and is to be provided by them.

Decision:

At the outset, Commission directs the concerned PIO to furnish a copy of their written submission dated 12.12.2022 received from the CPIO, AD, PMAY/ISR, and written submission dated 09.12.2022 received from PIO, UD/BSUP along with annexures, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission, after perusal of case records and submissions made during hearing, observes that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. No legal infirmity is found in the response furnished by the Respondent. Thus, the Commission is of the considered opinion that no further intervention of the Commission is warranted in this case.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Page 4 of 5 Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 5 of 5