Central Information Commission
Susheela Sharma vs Delhi Development Authority on 8 August, 2023
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/2022/147090
Ms. Susheela Sharma ... अपीलकता/Appellant
VERSUS/बनाम
PIO/AE(Bldg.)L&I, DDA, New Delhi ... ितवादीगण /Respondent
Through: Shri Atul Minhas - AE, Bldg.
Date of Hearing : 07.08.2023
Date of Decision : 08.08.2023
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 25.06.2022
PIO replied on : 01.08.2022
First Appeal filed on : 09.08.2022
First Appellate Order on : 26.08.2022
2ndAppeal/complaint received on : 03.10.2022
Information soughtand background of the case:
The Appellant, a member of the Fakhruddin Memorial CGHS, filed an RTI application dated25.06.2022 seeking information regarding construction of buildings by the Fakhruddin Memorial CGHS:-
a. Was DDA sanction obtained by the Society for construction of 12 flats in the stilt of B &D blocks?
b. If yes, a certificated copy of the DDA sanction for construction of 12 flats in the Stilt area of B &D blocks may please be provided. c. A certified copy of the "Request letter" for DDA sanction by the society + certified copy of the hand written Resolution with minutes of subject GBM having approved that deviation may please be provided.
The PIO/Assistant Engineer(Bldg.)L&I, DDA vide letter dated 01.08.2022 replied as under:-
"only such information can be supplied under the Act which already exists and is held by the Public Authority or held under the control of the Public Authority The Public Information Officer is not supposed to create the information or to interpret the information to solve Page 1 of 3 the problems raised by the applicants or to furnish replies to hypothetical question In the view of above, your RTI application has been examined and you are requested to submit the proof of ownership with respect to property and a copy of original ID mentioned in RTI Application.
Also, you can visit this office with required document on any working Monday and Thursday between 2:30 10 4:30 pm with prior intimation to this office for identification inspection including procure of photocopy at the prescribed rate/ actual cost of available record only pertaining to your shop/office/unit/part of property under your ownership (with proof), if any. The First Appellate Authority of this RTI application is Director (Bldg.) DDA, 1st Floor, C-1/112, Vikas Sadan, New Delhi-110023.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.08.2022. The FAA/Director(Bldg.), DDA vide order dated 26.08.2022 upheld the reply of the CPIO and informed the Appellant that he can visit the office with the required document on any working day i.e. Monday and Thursday between 02:30pm to 04:30pm for inspection/identification of available documents.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from CPIO vide letter dated 04.08.2023, copy whereof has been sent to the Appellant. The contents of the written submission are as under:
Please refer to above subject vide which a CIC hearing notice has been received in this office. In this regard, it is stated that the RTI and appeal applications were replied by this office vide letter dt. 01/08/2022 and 26/08/202 respectively(enclosed herewith for reference) wherein the applicant was asked to submit the proof of ownership w.r.t. the property. Also, the applicant was informed that she can visit the office on any working Monday and Thursday between 02:30 PM to 04:30 PM with the required documents for inspection including procure of photocopy of required documents. The applicant neither submitted the proof of ownership documents nor visited the office for inspection as informed by this office. In this regard, it is also mentioned that the original plans are also available with the Managing Committee of the society and being a member, the same can be sought from the society as per DCS Act.
However, it is again requested that for information related to any specific property, you can visit this office on any working Monday & Thursday between 2:30pm to 04:30pm with prior intimation to this office with all relevant documents of ownership of said property.Page 2 of 3
Hearing is held through video conference upon serving notice of hearing in advance to both parties. Respondent alone attended the hearing through video conference, while the Appellant remained absent and has not communicated the cause of her absence to the Commission.
Decision:
In the absence of the Appellant, the appeal at hand is adjudicated on the basis of available records, which reveal that inspection of documents sought by the Appellant had been duly provided to her vide the PIO's letter dated 01.08.2022. The Appellant chose not to inspect the records and has not furnished any reason for the same. Examination of the facts of the case at hand, therefore reveals that the Appellant has been provided access to information in terms of the provisions of the RTI Act. The Respondent has vide written submission dated 04.08.2023 once again offered inspection of records to the Appellant.
In the light of the above facts of the case, no cause of action survives which would require further intervention of the Commission in this case under the RTI Act. The appeal is disposed off on the above terms.
Y. K. Sinha (वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3