CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/C/2009/000587
Complainant : Shri Adesh Jain
Public Authority : Delhi Development Authority
(through Shri D.K. Gupta, Dy. Director (H)
(LIG)
Date of Hearing : 11.1.2010
Date of Decision : 11.1.2010
FACTS
:
The matter, in short, is that Shri Suresh Chand Gupta was registrant
for LIG flat under New Pattern Registration Scheme, 1979. He was
allotted flat No. 168, Sector-A9 at Narela vide demand-cum-allotment
letter dated 22.7.1996 and 5.8.1996. The DAL, however, was sent at the
original address of the registrant viz. A-211, Shastri Nagar, Delhi-52. By
that time, the allottee had shifted his residence and was living at 1958,
Shastri Nagar, Delhi-52. The DAL, thus, was not received by him.
Subsequently, the DDA cancelled the DAL.
2. In this connection, vide his RTI application dated 8.3.2009, the
complainant has sought broad based information on a large number of
points viz. total number of applications received in connection with the
scheme; total number of DALs issued; total number of allotments made
against DALs issued; total number of allotment cancelled and so on. This
was responded to by Dy. Director (H) (LIG) vide letter dated 31.7.2009.
3. Dissatisfied with the information received, the complainant has filed
the present complaint.
4. Heard on 11.1.2010. Complainant is represented by Shri Atul Gupta
who is the son of original allottee Late Shri Suresh Chand Gupta. Shri
Atul Gupta would submit that the change of address was duly notified by
the DDA but DAL was not sent on the new address. As the DAL was not
received by the allottee, naturally, he could not take consequential action
resulting in wrongful cancellation of the allotment letter. He would also
draw the Commission’s attention to a newspaper report appearing in the
Hindustan Times of 4.9.2008 which mentions that as per the latest
Supreme Court ruling, it is the duty of the DDA to ensure that DAL is
received by the allottee and it can not cancel a flat if, an allottee fails to act
on its undelivered notices.
5. He has also drawn the Commission’s attention to its decision dated
16.11.2009 in File No. CIC/LS/A/2009/000306 (Versha Sethi Vs DDA)
wherein the decision of DDA to allot a flat to Ms Versha Sethi had been
cancelled in a similar sent of circumstance but subsequently restored on a
reconsideration of the matter. It is Shri Gupta’s case that it was for DDA
to ensure that the DAL is delivered to the allottee at the changed address
and DDA’s failure in doing so can not cause detriment to the allottee as per
the recent judgment of Hon’ble Supreme Court of India.
6. Shri D.K. Gupta, Dy. Director, would submit that part information
has already been provided to the complainant. He would also submit that
the balance information requested for by the complainant is not being
maintained in the format in which it has been sought. He would also
submit that he will personally check whether the letter regarding the
allottees change of address is available in DDA file and if so, he will take
follow up action as in the case of Ms Versha Sethi.
DECISION
6. Shri D.K. Gupta, Dy. Director (H) (LIG), is hereby directed to take
expeditious action in line with the DDA’s decision in Versha Sethi case
and inform developments to the appellant and this Commission after 03
months time.
7. The matter is decided accordingly.
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
Address of parties :-
1. Shri D.K. Gupta
Dy. Director (H) (LIG),
Delhi Development Authority,
INA, Vikas Sadan,
New Delhi-110023
2. Shri Adesh Jain
Chamber No. 106,
Civil Wings, Tis Hazari Court,
Delhi.