Central Information Commission
Sawan Kumar vs Delhi Development Authority on 26 November, 2024
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/2023/640772
Sawan Kumar .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Asst. Director (EHS)-H, Delhi Development
Authority Vikas Sadan, INA,
New Delhi - 110023 .... ितवादीगण /Respondent
Date of Hearing : 21.11.2024
Date of Decision : 25.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 24.06.2023
CPIO replied on : 07.08.2023
First appeal filed on : 07.08.2023
First Appellate Authority's order : 11.08.2023
2nd Appeal/Complaint dated : 22.08.2023
Information sought:
The Appellant filed an (online) RTI application dated 24.06.2023 seeking the following information:Page 1 of 5
"1. How many First Come First Serve 2022 Application were received under EWS category?
2. The total number of Applicants who got Allotment Letter?
3. Total possession letters pending after final documents submission?
4. Average number of days Applicants get possession letter after documents submission?
5. Who is the Competent Authority to decide discrepancies in the submitted documents?
6. Is periodic monitoring carried out for timely disbursal of Housing Applications?
7. Are there provisions of disciplinary actions against officers who delays pending housing applications?
8. Number of disciplinary actions taken till date post 2020?
The CPIO furnished a reply to the Appellant on 07.08.2023 stating as under:
"The information sought by you is clarificatory and hypothetical in nature and thus is not classified as information in terms of Section 2 (f) of the RTI Act. Further, applicant may refer section 2(j) of the RTI Act, 2005 and para 8 of DoPTs guidelines dated 27.02.2008."
Being dissatisfied, the appellant filed a First Appeal dated 07.08.2023. The FAA vide its order dated 11.08.2023, held as under.
"CPIO has already replied the RTI. Moreover if you need any specific information, you can visit this office on any Public Hearing days i.e. Monday or Thursday between 02:30PM to 04:30PM."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Mr. Vikash Gaurav, Assistant Director/CPIO,DDA present in person.
Respondent stated that since the scheme was in process at the relevant time, therefore, he could not be able to provide complete information. However, upon receipt of hearing notice from the Commission, he provided a revised Page 2 of 5 point-wise reply to the appellant vide letter dated 20.11.2024 via speed post which states as under:
1. "Please note that there is no specific "EWS Category" mentioned in the application form. The flats are categorized as "EWS," and eligible applicants may apply for these flats accordingly.
As such, it is not possible to provide a precise count of applications specifically received under the "EWS" category for FCFS 2022. However, as of the current date, a total of 963 EWS flats have been allotted under the FCFS 2022 scheme.
2. In each case, when applicant booked flat successfully, demand letter was issued. However, as of the current date, a total of 963 EWS flats have been allotted under the FCFS 2022 scheme.
3. No applications for possession letters wherein payments received as per time stipulated in demand letter and requisite documents as per brochure submitted by applicant is pending with this office.
4. Generally, possession letter is issued within 30 days of submission of documents. However, no such average is calculated in Housing Branch.
5. Documents submitted by applicants are checked at three levels - Dealing Asstt., Asstt. Director and Dy. Director and at each level, deficiency can be issued.
6. FCFS Scheme 2022 was launched in online mode wherein from registration in scheme to appointment for NSK, applicant can give his request online on New Awas Portal and he can also check the status of his application in online mode.
7. Applicant may write a letter to Chief Vigilance Officer, DDA, Vikas Sadan 110023.
8. No disciplinary action has been taken so far."
At the behest of the Commission, respondent has agreed to provide a copy of his revised reply to the appellant through email on his email id.
Page 3 of 5Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records observes that the main premise of instant Appeal was non-receipt of complete information. In response to which the Respondent claimed that reply has already been provided to the Appellant initially and upon receipt of hearing notice from the Commission a revised point-wise reply has been supplied to the appellant vide letter dated 20.11.2024, which is taken on record.
The Commission finds no infirmity in the reply furnished by the Respondent now vide letter dated 20.11.2024 which is treated as revised and updated reply, as the same was found to be in consonance with the provisions of the RTI Act. Further, the Appellant neither presented himself nor has filed any counter arguments to agitate the matter further. In view of the facts and circumstances particularly point-wise replies having been provided to him now, intervention of the Commission is not warranted in the matter.
Nonetheless, in the spirit of the RTI Act, respondent is directed to provide a copy of his written submission along with enclosures free of charge, to the Appellants via email, within one week of the date of receipt of 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 Page 4 of 5 Copy To:
The FAA, Deputy Director (EHS)-H, Delhi Development Authority Vikas Sadan, INA, New Delhi - 110023 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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