CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/C/2009/00119
Appellant : Shri Satish Kumar Malhotra
Public Authority : Delhi Development Authority
Date of Hearing : 6.4.2009
Date of Decision : 6.4.2009
Facts
The matter, in short, is that Shri Bir Inder Malhotra, uncle of the appellant
had purchased Plot No. E1, B-1, measuring about 1300 sq.yds, located in Mohan
Cooperative Industrial Estate, Badarpur, sometime in 1976. The appellant’s father
Shri Shyam Sunder Malhotra had contributed 50 percent of the consideration through
the partnership firm of self and Shri Bir Inder Malhotra and, therefore, according to
the appellant, he had 50 percent proprietary rights on the plot. Shri Shyam Sunder
expired in 1984 and Shri Bir Inder Malhotra in November, 2008. It is in this
connection that the appellant has sought information vide his letter dated 21.10.2008,
from DDA on the following 10 points :-
“(i) A letter of request of Shri Bir Inder Malhotra dated 1.4.1976 written to the
Mohan Cooperative Industrial Estate Ltd;
(ii) Memorandum of Articles of M/s Bobby & Co. Pvt. Ltd alongwith
incorporation Certificate No. 8043 dated 21.1.1976;
(iii) Affidavit of Shri Bir Inder Transferer & Transferree dated 3.8.1976;
(iv) Resolution of the Mohan Cooperative Industrial Estate Ltd passed by the
Board of Directors of the Societies meeting held on 18.5.1976;
(v) A letter of M/s Mohan Cooperative Industrial Estate Ltd, New Delhi to the
Secretary, L & Building Department, Delhi Administration, Vikas Bhawan,
I.P. Estate, New Delhi No. MCIE/M-236/B/Transfer/76/519 dated 5.8.1976
for transfer of membership No. 236 in favour of M/s Bobby & Complany
Private Ltd;
(iv) A letter No. MCIE/Transfer/B/81/21016 dated 19.10.1981 of M/s Mohan
Cooperative Industrial Estate Ltd, New Delhi written to the Under Secretary
(CS) Land & Building Department, Delhi Administration Vikas Bhawan,
New Delhi;
(vii) Order passed by the Delhi Administration, L & B Department, Vikas
Bhawan, I.P. Estate, New Delhi vide letter No. 15 (I)/I/76/L&B (CS) case file
of Volume No. I, in 1976;
(viii) Allotment letter on the name of Shri Bir Inder dated January, 1979,
Membership No. 236 issued by the Under Secretary (U, L, C & B), Delhi
Administration;
(ix) Delhi Administration press report published in National Herald & Hindustan
Times news papers dated 2.3.1978 in which Delhi Administration decided to
allow subletting of industrial plot lying vacate or under utilized by the
allottee;
(x) Order/noting on letter/request letter No. MCIE/M-236/B/Transfer/76/519,
dated 5.8.1976 regarding transfer of membership No. 236 in the name of M/s
Bobby & Company Pvt. Ltd.”
2. Shri Ranbir Singh, Dy. Director (Indl) had responded vide letter dated
19.11.2008 mentioning therein that no information was available in DDA records
except for Point No. 8 and that the said plot had been sold to Shri Ramesh Kumar
and Shri Sanjeev Kumar Agarwal etc.
3. On appeal, the Appellate Authority had decided the matter vide order dated
23.12.2008 upholding the decision of the CPIO.
4. Hence, the present appeal.
5. The matter was heard on 6.4.2009. The appellant appeared before the
Commission. Nobody, however, appeared for DDA. The appellant would submit
that the DDA officials appear to have connived with the alleged buyers of this plot in
as much as DDA allowed the sale in the name of above mentioned buyers despite the
Hon’ble Delhi High Court, imposing a stay on Shri Bir Inder Malhotra from
alienating the property in any manner vide order dated 7.2.1989. The appellant
would also submit the he has come all the way from Bangalore to attend the hearing
which has cost him considerable amount of money and time but his visit to Delhi has
been rendered meaningless due to non-appearance of DDA officials.
INTERIM DECISION
6. The fact that no one has appeared for DDA is viewed adversely. The fact
that the appellant had to travel all the way from Banglaore at a considerable cost
cannot be lost sight of. Be it as it may, the matter is adjourned to 27.4.2009 at 1400
hrs. Shri Ranbir Singh, Dy. Director (Indl) is herby directed to appear before the
Commission on the above mentioned date and time along with the relevant records.
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