Central Information Commission
Rahul vs Delhi Development Authority on 4 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DDATY/A/2023/149077
Rahul .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Asst. Director LAB (Rohini),
Delhi Development Authority,
C-1, 3rd Floor, Vikas Sadan, INA,
New Delhi - 110023 .... ितवादीगण /Respondent
Date of Hearing : 24.03.2025
Date of Decision : 03.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.02.2023
CPIO replied on : Not on record
First appeal filed on : 16.10.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 26.12.2023
Information sought:
The Appellant filed an RTI application (offline) dated 27.02.2023 seeking the following information:
"DDA File No: F16(201)2012 related to Rohini Residential Scheme 1981.Page 1 of 4
In connection with the above subject and the above referred file, it is most humbly submitted that the following information/documents related with Mutation of the Plot allotted to Late Shri Kishan Chand Gupta may please be furnished:
i. Copy of the DDA's order regarding mandatory requirement of making payments towards the allotted Plot only from such allottee's own bank account.
ii. Copy of the DDA's order regarding any specific person or any of the legal heirs of a deceased allottee, who is/are authorized to obtain the mutation letter from DDA.
iii. Please provide the name and identity of the person to whom mutation letter has been issued from the above referred file number.
iv. Copy of the document showing the bank details and identity of the person who deposited the amount in DDA towards allotment made after the death of the original registrant/allottee. v. Certified of the Election I card No. XXA1452002 purportedly submitted by one Shri Rajinder Kumar S/o of Late Shri Kishan Chand Gupta i.e. the deceased allottee, at the time of seeking mutation.
vi. Certified copy of the death certificate of Late Smt. Kamlesh Gupta W/o Late Shri Kishan Chand Gupta, submitted by the mutation seeker.
vii. Certified copy of the Election Card submitted by Shri Ashwini Kumar Gupta at the time of seeking mutation. viii. Certified copy of death certificate of the original registrant/allottee Shri Kishan Chand Gupta S/o Shri Atma Ram Gupta submitted by the mutation seeker.
ix. Certified copy of the proof of residence claimed to be H-13, 03rd Floor, Mukh Ram Park, Tilak Nagar, by the mutation seeker Shri Ashwini Kumar Gupta.
x. Certified copy of the mutation letter issued by post to Shri Ashwini Kumar Gupta.
xi. Certified copy of the noting portion in the file E file including the related correspondence portion of the file, in which the following receipts had been processed.
(i) Dy. No. 22/12827 Dated 01/11/22
(ii) Dy. No. 22/6389 Dated 10/11/22
(iii) Dy. No. 22/6729 Dated 25/05/22"Page 2 of 4
Having not received any response from CPIO, the appellant filed a First Appeal dated 16.10.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Guru Dutt appeared in person on behalf of the appellant. Respondent: Shri Deepak Kumar Kaushik, Asstt. Dir./ PIO and Shri Khurram, JSA, appeared in person.
The representative of the appellant inter alia submitted that the appellant has purchased the property in question (details given in the RTI application) and sought above information. However, neither the CPIO nor the FAA provided any information till the date of hearing.
The respondent while defending their case inter alia submitted that property in question is in dispute and the files were seized by the Vigilance Department, DDA on 01.03.2024 and the investigation is going on. They further submitted that concerned file was not available with them, hence, reply to the RTI application could not be provided to the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that no reply was given by the respondent till the date of hearing. The respondent during the hearing submitted that concerned files have been seized by the vigilance department of DDA on a complaint received through CVC. They informed that the investigation is still going on in the above matter.
The Commission observes that the RTI application should have been replied to within the stipulated time as per the RTI Act, which was not done in this case. Failure to provide timely responses undermines the objectives of the RTI Act and denies the appellant the right to access information.Page 3 of 4
The Commission, therefore, cautions Shri Deepak Kumar Kaushik, Asstt. Dir./ PIO, to ensure timely responses to RTI applications in the future. Any recurrence of such lapses may attract penal provisions under the RTI Act.
Further, the Commission directs the respondent to provide a point-wise reply to the RTI application in accordance with the provisions of the RTI Act within three weeks from the date of receipt of this order.
The First Appellate Authority (FAA) is to ensure compliance with this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Deputy Director, LAB(Rohinni), Delhi Development Authority, C-1, 3rd Floor, Vikas Sadan, INA, New Delhi - 110023 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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