Shri Subhash Chandra vs Dda on 27 August, 2009

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

                      File No.CIC/LS/A/2009/00362
              Shri Subhash Chandra Vs DDA dated 27.8.2009

14.    As scheduled the hearing was resumed on 27.8.2009.                   The
followings are present :-

DDA
 (i)    Shri D. Sarkar, Director (LM);
(ii)    Shri K.K. Sharma, Dy. Director (Lands);
(iii)   Shri B.M. Sareen, Dy Director (LA) (Residential);
(iv)    Shri S.S. Gill, Director (RL).

Appellant
(i)   Shri Subhash Chander
(ii)  Shri Divya Jyoti Jaipuriar

15.    It is the submission of Shri Gill that the compensation was
erroneously awarded to the appellant by this Commission. His principal
argument is that the appellant has not been able to establish any legal claim
on the plot of land purported to have been acquired. Besides, the queries
raised by the appellant were responded to DDA officers from time to time
and, therefore, it will be wrong to hold that any detriment was caused to
him, justifying award of compensation.

                                DECISION
16.    I have heard the parties. I have also given a deep though to the
matter. In my view, some detriment appears to have been caused to the
appellant but responsibility for it can not be latched on any individual
officer of DDA. In fact, the role of Shri S.P. Bhardwaj, Dy. Director,
(Land) has been commended by this Commission in its decision dated
16.7.2007, for tracing out the relevant file. However, the fact remains that
the appellant had to undergo a lot of mental torture and uncertainty in this
matter. Besides, there was also some delay in responding to his RTI
application. Hence, to considering the totality of circumstances, the
Commission feels that it would be in the interest of justice to pay
compensation to the Appellant u/s 19 (8) (b) of the RTI Act but he amount
thereof needs to be caliberated. We reduce the amount of compensation
from Rs. 50,000/- to Rs. 30,000/-. This amount shall be paid by DDA to
the appellant by cheque or draft in two weeks time and the Commission
will be informed accordingly.

17.    The order of the Commission will be implemented by Shri S.S. Gill,
Director (RL).
 18.    The matter stands closed at the Commission's end.
                                                                        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 Subhash Chandra
Director (Lands),
DDA, Vikas Sadan,
INA, New Delhi-110023

2. Shri S.S. Gill
Director (RL),
DDA, Vikas Sadan,
INA, New Delhi-110023

3. Shri B.M. Sareen
Dy. Director (LA) (Residential),
DDA, Vikas Sadan,
INA, New Delhi-110023

4. Shri Subhash Chandra
E-150, Greater Kailash, New Delhi