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Central Information Commission

Shri Dharam Vir Singh vs Delhi Development Authority on 6 February, 2009

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                        CENTRAL INFORMATION COMMISSION
                  Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                                Complaint No. CIC/WB/C/2007/00974

Complainant:                                             Shri Dharam Vir Singh

Public Authority:                                        Delhi Development Authority
                                                         (through Shri M.P. Nim, Director(Hort.) &
                                                         Shri Rajbir Singh, Nayab Tehsildar,
                                                         (LM/SEZ))

Date of Hearing:                                         06/02/2009

Date of Interim Decision:                                06/02/2009

FACTS:-

By his letter of 24/08/2006, the complainant had drawn the attention of Deputy Director(LM/SEZ)(CPIO) to the order dated 27/09/2002, passed by the Hon'ble Delhi High Court in Civil Appeal No.4215/95 and 531/90 (M.K. Manchanda Vs. Pritam Pura Sudhar Samiti & Ors.), wherein the Hon'ble High Court had passed the following directions:-

"We have to, therefore, balance two conflicting interests and keeping that in mind, we are of the opinion that following direction would subserve the interests of justice (A) Those slum clusters which have come up contrary to the existing policy of the Government should not be allowed to remain. The respondent should take action for demolishing the same.

(B) Those clusters which have come up after order dated 24/02/1997 ......... are clearly in violation of these orders. The respondents shall take action for removal of these clusters as well.

(C) Based on the recommendation of the Coordination Committee which was constituted by interim order of this Court, three pilot projects were stated by the respondents.

The respondent authority shall take further steps regarding re-location of JJ dwellers."

2. The Complainant had desired to know as to what action had been taken by DDA to implement the above mentioned order of the Hon'ble High court.

3. Vide letter dated 28/09/2006, Director(Hort.)(South), had, inter alia, informed the complainant that removal of Jhuggi cluster was a policy matter and, therefore, action for removal of Jhuggis was to be taken up by Land Management Department of DDA. It appears that the complainant filed an Appeal before the first Appellate Authority in May, 2008, but the same does not appear to have been decided.

4. The present complaint has, therefore, been filed against non-supply of information by CPIO.

5. The matter was initially heard on 19/11/2008. The complainant Shri Dharam Vir Singh appeared before the Commission. The DDA was represented by Shri M.P. Nim, Director(Hort.) & Shri M.S. Bhana, Deputy CLA and Shri Vijender Singh, Nayab Tehsildar (LM/SEZ). After a brief hearing, on the request of both the parties, the matter was adjourned till 31st December, 2008.

6. The hearing was resumed today dated 06/02/2009. The Appellant is present before the Commission. DDA is represented by Shri M.P. Nim, Director(Hort.) and Shri Rajbir Singh, Nayab Tehsildar, (LM/SEZ). It is noteworthy that even though notice was issued to Director(LM), but he did not appear before the Commission.

7. When asked as to what action had been taken by DDA for the implementation of the Hon'ble Delhi High Court order, Shri Nim would submit that this matter essentially concerns the Land Management Department of DDA and it is for them to take action in the matter. However, no senior representative of Land Management, particularly Director(LM), is before the Commission to inform as to what action has been taken for the implementation of the Hon'ble Delhi High court order. This is reflective of casualness and lackadaisical approach on the part of Land Management Department of DDA, which is not approved of.

8. Hence, in exercise of its powers conferred u/s 18(3)(c) of the RTI Act, the Commission hereby directs Shri Devesh Singh, present Director(L&M), to file an affidavit in five weeks time in regard to the action taken by his Department, or for that matter any other concerned Department of DDA, for implementation of the Hon'ble Delhi High Court order under reference. The matter shall come up for hearing on 26/03/2009 at 10.30. hrs. Director(LM) is hereby directed to send a copy of the affidavit to the Appellant two days before the date of hearing. Summons are also ordered to be issued for the appearance of Shri Devesh Singh, Director(LM)/DDA to appear before the Commission on the above mentioned date of hearing.

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 974DharamVirSinghDDA0602 1 3