CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/WB/C/2008/00741/LS
Complainant : Shri P.C. Matia
Public Authority : Delhi Development Authority
(through Shri A.K. Manna, Joint Director (Building))
Date of Hearing : 23.1.2009
Date of Decision : 23.1.2009
FACTS
By his letter of 2.5.2008, the complainant had requested for the following
information :-
“Report the status of implementation order under letter No. F. 23/23/94/Bldg,
DDA dated 1.4.2008 issued by Joint Director (Lay Out) Bldg, DDA, Vikas Sadan,
New Delhi-110023 dated 18.3.2008 in response to their show-cause notice No. F
23/94/Bldg/54 dated 31.7.2007.”
2. Vide letter dated 14.5.2008 Dy. Director (LM)WZ had informed the
complainant that demolition/ceiling programme for unauthorized construction had
been fixed for 27.5.2008. Dissatisfied with the reply, he had filed appeal before the
Appellate Authority viz. Director (LM), DDA. The Dy. Director (LM)WZ had
informed the complainant vide letter dated 27.6.2008 that demolition/ceiling
programme fixed for 27.5.2008 had been cancelled due to administrative reasons.
3. The present complaint has been filed primarily on the ground that statutory
appeal filed by the complainant has not been decided by the Appellate Authority
himself and a reply has not sent on behalf of the Appellate Authority by his Dy.
Director which is not inconformity with the provisions of the RTI Act.
4. The matter was heard on 23.1.2009. The complainant appeared before the
Commission. DDA is represented by officer named above. Shri Manna would
submit that he had passed the demolition order but it was to executed by LM Branch.
The representative of LM Branch appeared before the Commission and submitted a
representation dated 16.1.2009 mentioning therein that the reasons for postponement
of demolition/ceiling programme were intimated to Director (Bldg) and that the
Commission may decide the matter on merit.
5. As noted above, the main submission of the complainant is that the statutory
appeal has not been decided by Director (LM) himself which he is mandated to do.
His submission has force. It is common place that the statutory authority cannot be
delegated to a subordinate officer.
DECISION
6. In view of the above, the matter is remanded back to Shri D. Sarkar, present
Director (LM) (HQ) (Appellate Authority), DDA, INA Market, New Delhi, with the
direction to decide the appeal afresh after giving personal hearing to the complainant.
7. The matter is disposed of subject to the above directions.
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