Ashok Sardana vs Dda on 23 November, 2009

         CENTRAL INFORMATION COMMISSION
          Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                            File No.CIC/WB/A/2008/00006
                                Ashok Sardana Vs DDA

                                                                             Dated: 23.11.2009

       Vide decision dated 19.11.2008, the Commission had directed Shri
K.G. Kashyap, Dy. Dir. (GH), to give the categorical reply to Appellant
Shri Ashok Sardana regarding the utilisation of the basement and common
area in the Group Housing Societies buildings. As the Appellant was not
provided any response, he had filed non-compliance reports vide letters
dated 9th April, 2nd July & 6th Aug, 2009. Hence, the matter was called for
hearing today dated 23.11.2009. Appellant not present.              DDA is
represented by Shri Anil Sharma, Asstt. Dir. & Shri M.L. Ailawadhi, Dy.
Dir. (GH). Shri Shrma produces a copy of his letter dated 6.10.2009, the
operative para of which is reproduced below:-
"A. The basement and common area in the group housing societies are
       governed / utilized as per the layout plan approved by the Building
       Department according to Building Bye-laws. If any violation of the
       layout plan comes under the notice, the action will be taken by the
       Building Deptt. At present, there is no policy regarding renting sale
       of space in basement/common land for other purposed than these are
       meant. If the society uses the premises other than residential, the
       action for violation of Perpetual Lease Deed will be initiated against
       the society.
B.     If the society has sold space in basement parking and common land
       in front of ground floor for purposes other than these were meant
       for, the action against the society as per clause 12 and 13 of the
       perpetual lease deed will be initiated."

2.    It would, thus, appear that the requisite information has been
provided to the Appellant, though belatedly. The matter is closed.

3.    The concerned DDA officers are, however, cautioned to be prompt
in complying with the decisions of this Commission.

                                                                                  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.



(D.C. Singh)
Under Secretary & Assistant Registrar
 Address of parties :-
1.

Shri K.G. Kashyap
Dy. Director (GH),
Delhi Development Authority,
INA, Vikas Sadan,
New Delhi-110023

2. Shri Ashok Sardana
B-39, West Nizamudin,
New Delhi-110013