Central Information Commission
Mr.Vijay Kumar Gupta vs Delhi Development Authority on 30 March, 2012
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/2012/000218
Appellant /Complainant : Shri Vijay Kumar Gupta, New Delhi (Sr.Citizen)
Public Authority : DDA, New Delhi
(Sh. S. P. Singh, Asst. Dir., Ms. Rita Grover, Dy.
Dir.(Plg.)
Sh. Prem, AD & Sh. G.C. Sharma, Dy. Dir.(LA)
Date of Hearing : 30 March 2012
Date of Decision : 30 March 2012
Facts:
1. Appellant submitted RTI application dated 5 August 2011 before the CPIO, DDA, New Delhi seeking the details of the vacant plot between A4/38 and the road leading to Gauri Shankar Mandir in Pashim Vihar, New Delhi 110063 through 17 points enclosed herewith as Annexure A.
2. Vide CPIO Order dated 31 August 2011, CPIO transferred the RTI Application u/s 6 (3) of the RTI Act, 2005.
3. Not satisfied by the CPIO Reply, Appellant preferred appeal dated 14 September 2011, before the First Appellate Authority.
4. No reply was given by the FAA.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today. Both parties as above appeared in person and made submissions. Shri G.C. Sharma, Dy. Director (LA)Res. appeared at 3.30 PM as they were required to appear in person in a court case. Appellant has presented a set of seven photographs of the vacant plot no. A - 4/39, Paschim Vihar and the road taken on 16 August 2011 and 28 March 2012 clearly showing garbage and stagnating water within the boundaries of the vacant plot which undoubtedly are a health hazard to the community living in this residential colony. Appellant states that his RTI Appeal: No. CIC/DS/A/2012/000218 application has been marked to as many as 12 departments within DDA and therefore he has been compelled to make 12 copies of documents running into 75 pages each for each of these departments as he did not know whom to approach for the requested information. This has caused him great harassment and expense. Respondent states that the ownership of the abovementioned plot is with the DDA and is for residential use. Appellant pleads for furnishing of information on several points which are yet not furnished to him despite the passage of almost 8 months from the date of his RTI application. He also wants DDA to remove the garbage and stagnant water from the plot which is owned by them as it continues to be a serious health hazard for the residents of the colony and particularly to him and his family as they share a common wall with this plot. Appellant requests for compensation to be awarded to him for this detriment and financial loss. Respondent has confirmed that the ownership of this plot is vested in DDA.
Decision notice
7. Commission has heard both sides and directs as follows:
Points 4 - 5: it is now admitted by both parties that the abovementioned plot is owned by DDA. Photographs provided by the appellant are annexed below and clearly established that the piles of garbage and stagnant water accumulated therein are a health hazard to the community and residents. The attention of the ViceChairman, DDA and the Chief engineer (West zone) is drawn to this order and the annexed photographs so that necessary action can be taken to redress the issue.
Point 6: the CPIO/Deputy Director (Master Plan) is directed to provide the appellant with a copy of the rules/circulars pertaining to examination and disposal of cases pertaining to change in land use.
Points 10 - 16: it is understood that this information is held by the Executive Engineer (Western Division No. 7) Paschim Vihar who is directed to provide the appellant with the details of specifications of building material , per unit rate approved and paid along with copy of the bill submitted by the contractor.
8. Information as above to be provided within three weeks of receipt of order.
Commission accepts the plea of the appellant that there has been an undue delay in the furnishing of information to the appellant. Accordingly Commission issues notice to the Executive Engineer (Western Division No. 7) Paschim Vihar and to the Assistant Director (Planning) C & G, DDA to show cause why penalty should not be imposed Appeal: No. CIC/DS/A/2012/000218 upon them for not having furnished information to the appellant within the timeframe stipulated under the RTI Act. Notice is also issued to the respondent to show cause why compensation should not be paid to the appellant for the financial loss and detriment caused to him on account of this delay. Both CPIOs are directed to appear before the Commission for personal hearing on 8.5.2012 at 3.00 pm. The Commission is of the view that this matter involves large public interest.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Vijay Kumar Gupta A4/38, 1st. Floor Paschim Vihar New Delhi110063
2. The CPIO Dy. Director (LM)/SFZ Delhi Development Authority Land Management (SE Zone) C1, Ground Floor, Vikas Sadan New Delhi110023
3. The Appellate Authority Director (LM)(HQ) Delhi Development Authority Land Management (SE Zone) Vikas Sadan New Delhi110023 Appeal: No. CIC/DS/A/2012/000218
4. Assistant Director (Plg.)ZoneG Delhi Development Authority Planning Department (ZoneG) 4th Floor, Vikas Minar , I.P. Estate New Delhi110002
5. The Sr. Research Officer (RTI) RTI Implementation & Coordn.Branch C1 Block, 3rd. Floor Vikas Sadan, INA Market, New Delhi110023 Appeal: No. CIC/DS/A/2012/000218