443 DineshKrSharmaVsDDA 31 07 9 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/LS/A/2009/000443
Appellant: Shri Dinesh Kumar Sharma
Public Authority: Delhi Development Authroity
(through Shri A.K. Manna, Joint Director
(Bldg.); Shri K.G. Kashyap,
Deputy Director (Coop. Societies); &
Shri K.M. Saxena, Deputy Director(Bldg.))
Date of Hearing: 31/07/2009
Date of Decision: 31/07/2009
FACTS
:-
The matter, in short, is that the DDA had allotted plot No.E-373, Nirman Vihar,
Vikas Marg, Delhi-92, to Shri V.P. Sharma (Appellant’s father). He had constructed a
house thereon after seeking approval of DDA. He has now applied for conversion from
lease hold to free hold. It is in this connection that vide his RTI application dated
07/07/2008, he had sought information on six paras. As he did not receive the requisite
information according to his satisfaction, he has filed the present appeal before the
Commission.
2. Heard on 31/07/2009. Appellant present. The DDA is represented by the officers
named above. It is the submission of Shri Kashyap that DDA has the authority to convert
from lease hold to free hold, subject to fulfillment of required formalities. Besides, the
Appellant is required to deposit an amount of Rs.1.03 lakhs with DDA, as penalty for
delayed construction of the building. The Appellant, however, strongly contests this
position. It is his say that Building Plan was approved by DDA after about one year,
whereas it should have been done in a months’ time. According to him, the delay, if any,
should be reckoned from the date of approval of Building Plan by DDA and not from the
date on which he was delivered possession of land.
3. However, according to Shri Manna, the contention of the Appellant is not correct
as the period of three years for the construction of the building is to be reckoned from the
date of the possession of the plot and not from the date on which the Building Plan was
approved.
DECISION
4. It is not necessary for the Commission to adjudicate as to which of the two
positions is correct. Needless to say, DDA is required to formally convey its stand to the
Appellant. Hence, Shri K.G. Kashyap, Deputy Director, is hereby directed to convey
DDA’s stand to the Appellant in 04 weeks time.
443 DineshKrSharmaVsDDA 31 07 9 2
5. The matter stands closed at the Commission’s end.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges,
prescribed under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Tele: 011 2671 73 53
Fax: 011 2610 62 76
Copy to:-
(1) Shri Dinesh Kumar Sharma, E-373,
Nirman Vihar, Vikas Marg,
New Delhi-110066.
(2) Shri A.K. Manna,
Joint Director(Bldg.),
DDA, Vikas Sadan, INA,
New Delhi.
(3) Shri K.M. Saxena,
Deputy Director(Bldg.),
DDA, Vikas Sadan, INA,
New Delhi.
(4) Shri K.G. Kashyap,
Deputy Director(Coop. Societies),
DDA, Vikas Sadan, INA,
New Delhi.