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In a belated response, the CPIO falsely stated that the OC mentioned in the letter, ie. OC 0003493, had been provided to the Applicant, & refused to launch an inquiry into missing documents.

Outcome of the events took place before the Addl. CTT & Pr CTT-2 The FAA's failure to grant a hearing, though expressly requested, is an egregious violation of the principles of natural justice.

The FAA failed their duty in applying mind judiciously while passing the Order. As per the DoPT circular given with the RTI, an Appeal is a quasi-judicial process where justice not only needs to be done, it must be seen to be done. The CPIO outright lied about providing us with OC 0003493 in his reply. The PMC reply about the document & OC not being on record was highlighted in the RTI, and yet the CPIO nonchalantly lied in the reply.

The public authority failed to launch an inquiry into missing documents. The OC is a statutorily mandatory document relied upon by the ITAT to grant tax exemptions.

Submissions:

There is no provision in the Development Control Regulations ("DCR") 2000 or 2017 for a Part Completion Certificate. Part OC is issued on the explicit grounds that completion is pending, as noted by Hon'ble SC in the quoted order. The 3 documents under DCR are Part OC, Completion Certificate, and Full/Final OC (subject to acceptance of Completion Certificate by PMC). As per DCR, if a building's status changes from Part OC to Full OC, a fresh certificate is issued, the previous one is not amended.

Prayer It is humbly prayed before this Hon'ble Commission;

a. To issue direction to CPIO under Section 19 of the act i. to produce OC 0003493. Since the CPIO is on record as having produced it, there is an estoppel on denying reproduction.

ii. to initiate an inquiry into missing documents as per the mandate of Hon'ble Delhi High Court in Union of India vs Vishwas Bhamburkar if OC 0003493 is not found on the records. To place the inquiry report/result within 30 days before the Hon'ble CIC, with a copy to the Appellant. iii. Share details of the inquiry made consequent to the Order of FAA B S Rajpurohit.