Central Information Commission
Hans Raj Chugh vs Delhi Development Authority on 7 April, 2026
के य सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No: CIC/DDATY/A/2024/133033
Hans Raj Chugh ....अपीलकता/Appellant
VERSUS
बनाम
.... ितवाद गण /Respondent
The CPIO
Asstt. Director (CL),
Delhi Development Authority,
A-Block, 1st Floor, Vikas Sadan,
INA, New Delhi-110023
Date of Hearing : 02.04.2026
Date of Decision : 07.04.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from second appeal:
RTI application filed on : 08.07.2024
CPIO replied on : N.A
First appeal filed on : 16.08.2024
First Appellate Authority's : N.A
order
Second Appeal dated : 16.10.2024
Page 1 of 6
Information sought:
1. The Appellant filed an RTI application dated 08.07.2024 seeking the following information:
"You are requested to furnish the information as the President of M/s District Centre Mobil Market Association T.C Jaina Tower - Il on plot No
-6 ,G-50-D though the President Shri Inderjit Malhotra shop No -G-50- F T.C.Jaina Tower-II District Centre has filed a complaint with Police Station Janakpuri ( copy of the complaint is attached and the same Abhishak Oberioi has used as exhibit in the court of Ld Civil Judge Ms Chitranshi Arora suit No CS SCJ /1014/23 dated 3/7/2024 (copy of the application moved by Sh Abhishake Oberoi in the court of Ld Civil Judge Ms Chitranshi Arora is enclosed).
You are requested to furnish that the detail of space 50-D on ground Floor intimated to DDA as per clause 6 of perpetual lease deed paid Rs 100/-in first sale or paid 50% of escalation price with DDA? and on what date?
Please ensure that you will provide the information, that this is not third party information as appellant is directly concerned party as such I have to establish the existence/nonexistence of space No -50 D in the building or not."
2. No reply furnished by the CPIO.
3. Being dissatisfied, the appellant filed a First Appeal on dated 16.08.2024. The FAA order is not available on the record.
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Mr. Hans Raj Chugh Respondent: Mr. Yogesh Pandla, CPIO, Mr. Sunil Gupta, Nodal Officer and Devendar, ASO
5. Proof of having served a copy of Second Appeal on Respondent, while filing the same in CIC, is not available on record.
Page 2 of 66. The Appellant inter alia submitted that no reply has been provided to him till date. It is also submitted that the sought information is available with the respondent authority as after completion of the building work all builders informs the DDA. He also submitted that he is an Ex- serviceman and he booked a shop with a builder and also paid the money, but later it came to the appellant's knowledge that builder had booked the same shop for 4 more persons. It is also stated that the Lt. Governor of Delhi also determined the said perpetual lease dated 13.09.1984 and show cause was issued by DDA to the builder.
7. The respondent while defending their case inter alia submitted that then CPIO Mr. Rahul Kumar, Assistant Director, had not provided any reply to the appellant. It is also submitted that now the original file of the property as mentioned in the RTI application is not traceable and in year 2010 a part file was created. It is also submitted that before the hearing a reply is provided to the appellant, wherein it is stated that there is no record/information regarding the referred space unit available in the record of this branch.
8. Written submissions dated 30.03.2026 filed by the respondent is taken on record wherein it is stated there is no record/information regarding the referred space unit available in the record of this branch.
Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the appellant had sought specific information pertaining to the existence and status of space bearing No. G-50-D situated in T.C. Jaina Tower-II, District Centre, Janakpuri, including whether the said space was intimated to the DDA in terms of Clause 6 of the perpetual lease deed and the details of payment, if any, made to the DDA.
After perusal of record as furnished by the appellant, the Commission notes that Perpetual Lease dated 13.09.1984 was entered into between President of India (Lessor) and Jaina Properties Pvt. Ltd., Adinath Shree House, Opposite Super Bazar, Cannaught Circus, New Delhi-110001, in terms of the auction conducted on 16.02.1982. The Commission also notes that as per the terms of the lease deed the lessee is restrained from selling, transferring, assigning, or otherwise parting with possession of the property without prior written consent of the lessor, which may be Page 3 of 6 granted or refused at its discretion. Such consent is ordinarily restricted for a period of ten years from the commencement of the lease, except in exceptional circumstances. Further, in the event of grant of such permission, the lessor is entitled to impose conditions, including recovery of 50% of the unearned increase in the value of the property, with the lessor's determination of market value being final and binding. The lease conditions also confer upon the lessor a pre-emptive right to purchase the property.
The Commission also takes note of the letter dated 10.01.2002 by the DDA in which it is admitted that a show cause notice was issued to the builder on 06.07.2001 and 20.09.2001. The Commission also notes a letter dated 03.10.1992 addressed to the appellant by the DDA mentioning the fact that lease deed in respect of plot no. 3, Janakpuri, Centre owner by M/s Jaina Properties (P) Ltd. has already been determined on 28.08.1989 by the orders of Lieutenant Governor, Delhi.
The Commission also takes note of the Show cause issued by the DDA with respect to Plot No. 6, D.C Janakpuri against M/s R.P Apptt. Pvt. Ltd and various notices dated 09.02.2011 issued by DDA against shops no. 50-C and 50-E at Plot no. 6 Jaina Tower-II, Janakpuri, New Delhi.
The Commission is of the view that the documents referred by the appellant during the hearing, including the Perpetual Lease Deed dated 13.09.1984 executed between the President of India and M/s Jaina Properties Pvt. Ltd., and subsequent communications issued by the DDA, establishes that the property in question was developed under the regulatory framework of the DDA and was subject to specific lease conditions. The Commission notes that the lease conditions expressly required the lessee/builder to obtain prior permission for transfer, to intimate developments etc. Therefore, any construction, subdivision, or creation of commercial units such as the unit in question would ordinarily be part of records maintained by the DDA.
In view of the above, the Commission directs the then CPIO Mr. Rahul Kumar, Assistant Director to Show Cause as to why action under Section 20(1) of the RTI Act, 2005 should not be taken against him for not replying to the RTI application. The written explanation shall be submitted before the Commission within a period of 21 days from the date of receipt of this order along with the comments of FAA.
Page 4 of 6The Commission also admonishes the conduct of respondent CPIO for making misleading and incorrect statements before the Commission, with the directions to remain careful in future.
In view of the facts placed on record, the Commission directs the respondent CPIO to trace the record and provide a point-wise reply to the Appellant within 15 days from the date of receipt of this order, under intimation to the Commission. Nodal Officer, RTI, DDA shall ensure compliance on the part of then CPIO and respondent CPIO.
With the above observations and directions, the appeal is disposed of.
Sd/-
SANJEEV KUMAR JINDAL (संजीव कुमार जंदल) Information Commissioner (सूचना आयु ) date: 07.04.2026 Authenticated true copy (अिभ मा णत स या पत ित) (S. Anantharaman) Dy Registrar 011- 26107051 Addresses of the Parties:
1. The CPIO Asstt. Director (CL), Delhi Development Authority, A-Block, 1st Floor, Vikas Sadan, INA, New Delhi-110023
2.FAA, RTI Dy. Director, Delhi Development Authority, A-Block, 1st Floor, Vikas Sadan, INA, Page 5 of 6 New Delhi-110023
3.Mr. Hans Raj Chugh Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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