CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000848
Appellant : Shri L.R. Chauhan
Public Authority : Delhi Development Authority
Date of Hearing : 22.9.2009 & 4.11.2009
Date of Decision : 22nd September & 4th November, 2009
FACTS
:
By his letter of 16.4.2009, the appellant had complained of unauthorised
occupation of DDA’s land located behind 748, Janta Flat, Shivaji Enclave Extn.,
New Delhi. The CPIO had sent a one line reply to the appellant vide letter dated
8.5.2009, enclosing therewith a copy of the report dated 5.5.2009 of the Patwari.
On appeal, the Appellate Authority had passed an order dated 17.6.2009 wherein
Dy. Director (LM) (WZ) was directed to provide specific information on all the
queries raised in the RTI application by 25.6.2009. As the requested information
has not been provided, the appellant has filed the present appeal.
2. Heard on 22.9.2009. Appellant present. Nobody has appeared for DDA.
Hence, show-cause notice may be issued to Shri Chanderma Sah, Dy. Director
(LM) (WZ), u/s 20 (1) of the RTI Act to show-cause why penalty @ Rs. 250/- per
day should not be imposed on him for not implementing the order of the
Appellate Authority. The notice is returnable in 03 weeks time.
3. The matter is adjourned to 4.11.2009 at 1400 hrs.
4. The hearing is resumed on 4.11.2009. Shri Chanderma Sah and the
appellant are present. The main grievance of the appellant is that Shri
Chanderma Sah has not taken any action for removal of unauthorized occupation
of DDA’s land located behind 748, Janta Flats, Shivaji Enclave Extension, New
Delhi. To this, Shri Sah would respond that in compliance with the decision of
the first Appellate Authority, the requisite information was provided to the
appellant vide his letters dated 26.6.2009 and 29.7.2009. He would also submit
that the order of the FAA has been complied with and, therefore, he is not liable
for penal action u/s 20 (1) of the RTI Act.
5. On the other hand, Shri Chauhan would submit that Shri Sah has been
conniving with the land grabbers and unauthorized occupants eversince he took
over as Dy. Director (LM) (WZ) and has not taken any action against them. He
would also submit that two unauthorized buildings are still under construction
and he can point out these buildings to the DDA authorities, if they are willing to
take any action in this regard. He furnishes copies of various orders passed by
Commissioner (LM), DDA, for removal of encroachments which are taken on
record.
6. The matter in had essentially involves the following two issues :-
(i) whether Shri Chanderma Sah, Dy. Director (LM) (WZ) has complied with
the order of FAA by way of furnishing requisite information to the
appellant; and
(ii) whether the concerned DDA’s officers, particularly officers of LM, West
Zone have failed in the discharge of their duties by way of deliberately
allowing illegal occupation of DDA’s land.
7. As far point no. (i) is concerned, it appears to me that requisite
information has been provided to the appellant but it is no solace to him in as
much as the illegal occupation of DDA’s land still continues ubabated, so much
so that new illegal buildings are said to be coming up in that area under the very
eyes of DDA authorities. As regards point No. (ii), it appears that the appellant is
raising a larger issue. I, therefore, find it necessary to hear Shri H. Rajesh Prasad,
Commissioner (LM) & Shri Gupta, Director (LM) in this matter.
INTERIM DECISION
8. The matter is adjourned to 7.12.2009 at 1210 hrs. Notices may be issued
to the above mentioned officers including, Shri Sah, for their appearance before
the Commission on the above mentioned date.
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 Chanderma Sah
Dy. Director (LM) (WZ),
Delhi Development Authority,
Vikas Sadan, INA,
New Delhi-110023
2. Shri H. Rajesh Prasad
Commissioner (LM),
Delhi Development Authority,
Vikas Sadan, INA,
New Delhi-110023
3. Shri Gupta
Director (LM),
Delhi Development Authority,
Vikas Sadan, INA,
New Delhi-110023
4. Shri L.R. Chauhan
President (Shivaji Enclave Extn),
RWA, 117-GF, Shivaji Enclave Extn.,
New Delhi-110027