Central Information Commission
Balwant Singh vs Delhi Development Authority on 15 February, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No.:- CIC/DDATY/A/2017/180648-BJ
Mr. Balwant Singh
....अपीलकता/Appellant
VERSUS
बनाम
1. CPIO & Dy. Director (S&S) II,
DDA, Survey & Settlement Unit II,
Vikas Sadan, INA,
New Delhi 110023
2. CPIO & Dy. Director (IL),
DDA, Institutional Land Branch,
A-Block, 2nd Floor, Vikas Sadan,
INA, New Delhi 110023
3. CPIO & Dy. Director (Plg.) Zone F.,
DDA, Area Planning Unit- 1,
Zone - 'F', 4th Floor, Vikas Minar,
New Delhi 110002
... ितवादीगण /Respondent
Date of Hearing : 14.02.2019
Date of Decision : 14.02.2019
Date of RTI application 30.05.2016
CPIO's response 22.06.2016,
26.07.2016,
17.08.2016
Date of the First Appeal 08.09.2016
First Appellate Authority's response Not on record
Date of diarised receipt of Appeal by the Commission Nil
ORDER
FACTS:
The Appellant vide his RTI application sought information on 05 points regarding the details of the land allotted to Primary School for the Harijan Basti, Begumpur, Malviya Nagar, New Delhi- 110017, details of individual/agencies/foundation/society/trust/organization to whom land had been allotted for development of School, details of terms & condition of the lease documents and issues related thereto.Page 1 of 3
The CPIO and Dy. Director (Plg) Zone F, DDA, New Delhi vide its letter dated 22.06.2016 forwarded the application to the Dy. Director & PIO, (IL), DDA, Vikas Sadan. Furthermore, the CPIO and Dy. Director (S&S) II, DDA, New Delhi vide its letter dated 26.07.2016 also transferred the RTI application to the PIO and Dy. Director (IL), DDA, who vide letter dated 17.08.2016 responded that the information sought was not available with the IL Branch, DDA and no land had been allotted for Primary School by IL Branch, DDA. However, since it was a MOR Land, the application was returned to Dy. Director (S&S) II for providing information if available in addition to Primary School. Dissatisfied by the response, the Appellant approached the FAA. The order of the FAA, if any, is not on the record of the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Rakesh Tyagi, Dy. Dir., Mohd. Ishaq, Surveyor and Mr. Sanjay Kujur, PIO/Asst. Director;
The Appellant remained absent during the hearing. The Respondent reiterated the reply of the CPIO / FAA and drew attention of the Commission to the decision in Appeal No. CIC/DDATY/A/2017/314220 dated 17.10.2017 and further clarified that this matter was related to IL Division which is the custodian of information in this respect whereas the Commission had directed S&S Division to reply in the matter. It was however informed that no reply had been sent to the Appellant by the IL Division. The Commission was in receipt of letter sent by the PIO and Asst. Director (Plg), DDA, dated 01.02.2019 wherein while re-iterating the chronological sequence of the replies provided, it was stated that the First Appeal was not received in their office. It was submitted that a similar matter was heard and decided by the Commission in CIC/DDATY/A/2017/314220 dated 17.10.2017 wherein it was decided that "In view of the aforesaid discussion and the facts of the case at hand, the Commission therefore directs the PIO/ Dy. Director (S&S)- II to furnish complete information to the applicant within two weeks of receipt of this order, with a copy marked to the Commission positively. It is made clear that non- compliance of this order shall attract penal action in terms of the RTI Act." In compliance with the decision of the Commission, a copy of the "Regularization Plan for Harijan Colony, Begumpur" approved by the DDA vide Resolution No. 123 dated 30.07.1983 as available in the record of the Planning Department (Area Planning-I/ Zone-F) had already been forwarded to the Dy. Director (IL), Dy. Director (LM) SWZ and Asst. Director (IL) DDA vide their letter dated 18.10.2017 with para wise comment on the RTI application. In view of the above the information relating to the "Allotment of land for Primary School" and present custodian and eligibility to sale, etc did not pertain to the Planning Department (Area Plg.- I/ Zone I) and therefore the same was not available in their office. Moreover, in compliance with the earlier decision of the Commission, the information was required to be provided by the PIO/ FAAs of the Institutional Lands, Survey and Settlement (S&S)- II and Land Management Sections of DDA. Hence, the copy of the notice of hearing of the instant matter was forwarded to them for suitable reply.
The Appellant was not present to contest the submissions of the Respondent or to substantiate his claims further.
Page 2 of 3DECISION:
Keeping in view the facts of the case and the submissions made by the Respondent and in the light of the decision of the Commission in Appeal No. CIC/DDATY/A/2017/314220 dated 17.10.2017, the Commission directs the Commissioner (Land Disposal) to have the matter examined and give a clear and cogent reply to the Appellant within a period of 15 days from the date of receipt of this order failing which penal proceedings under Section 20(1) shall be initiated The Commission also instructs the Respondent Public Authority to convene periodic conferences/seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities.
The Appeal stands disposed accordingly.
Bimal Julka (िबमल जु का)
Information Commissioner (सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
K.L. Das (के .एल.दास)
Dy. Registrar (उप-पंजीयक)
011-26182598/ [email protected]
दनांक / Date: 14.02.2019
Copy to:
1. Mr. Subu R. Commissioner (Land Disposal), "A" Block, Vikas Sadan, INA, New Delhi 110023
2. Mr. Ravideep Singh Chahar, Director (IL) and FAA, DDA, Institutional Land Branch, A- Block, 2nd Floor, Vikas Sadan, INA, New Delhi 110023
3. Mr. Aftab Alam, Dy. Director (IL), DDA, Institutional Land Branch, A-Block, 2nd Floor,Vikas Sadan, INA, New Delhi 110023 Page 3 of 3