Central Information Commission Judgements

Shri S.C. Kohli vs Delhi Development Authority on 4 June, 2009

Central Information Commission
Shri S.C. Kohli vs Delhi Development Authority on 4 June, 2009
287 SCKohliVsDDA 04 06 4 6/4/2009 4:30:28 Deepak          1


                          CENTRAL INFORMATION COMMISSION
                    Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
                             Complaint No. CIC/LS/C/2009/000287

Complainant:                                               Shri S.C. Kohli

Public Authority:                                          Delhi Development Authority
                                                           (through Shri Mahabir Singh,
                                                           Deputy Director(MIG)(H))

Date of Hearing:                                           04/06/2009

Date of Decision:                                          04/06/2009

FACTS

:-

The matter, in short, is that the Appellant had registered a flat with DDA in 1979
under NPRS 1979. He has waited all these decades but no flat has been allotted to him.
He had also agitated this matter before the Hon’ble Delhi High Court, vide Writ Petition
(C) No. 2376/2006, wherein the Hon’ble High Court, vide order dated 28/02/2006, had
observed as follows:-

“11. But one fact weighs with me. Petitioner has waited for a flat since
1979. DDA is allotting flats at the tail end priority. There may
be a possibility that after all the claims are satisfied, a flat may be
available for allotment to the petitioner. If a flat is available, Vice
Chairman, DDA may consider allotting the same to the petitioner
provided petitioner pays the current cost when flat is allotted to
him.

12. Writ petition stands disposed of directing that if the petitioner were
to make a representation to the Vice Chairman, DDA within 4
weeks from today expressing his willingness to pay at the current
cost for a flat if one is allotted to him, current cost being as on date
of allotment, Vice Chairman, DDA would consider the
representation and if after satisfying the clam of all the registrants,
a flat remains unallotted to anyone, would consider allotting the
said unallotted flat to the petitioner.”

2. As the DDA has not taken any decision in the matter, this complaint has been
filed before the Commission.

3. The matter was heard on 04/06/2009. The complainant appeared before the
Commission. The DDA is represented by the officer named above. It is the submission
of the Appellant that in pursuance of the order of the Hon’ble Delhi High Court, he had
filed a written representation dated 10/03/2006 before Vice Chairman, DDA, to consider
his claim sympathetically, but he has received no response from him so far.
287 SCKohliVsDDA 04 06 4 6/4/2009 4:30:28 Deepak 2

4. Shri Mahabir Singh would submit that the relevant file is not traceable in his
office and as per his information the same does not appear to have been put up before
Vice Chairman, DDA for a decision. It is also his submission that a flat appears to have
been allotted to the Appellant but whether or not the allotment letter was delivered to
him, cannot be said with certainty.

5. It is really sad that the order of the High Court has gone unheeded by the
concerned officers of DDA which does not speak well of it. In the facts and
circumstances of the case, as requested by Shri Mahabir Singh, 04 weeks time is given to
him to trace out the file and to obtain a decision from the Vice Chairman.

6. The matter will come up for hearing on 10/07/2009 at 11.30 hrs.
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