Versha Sethi vs Dda on 16 November, 2009

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


                      File No.CIC/LS/A/2009/000306
                           Versha Sethi Vs DDA

                                                     Dated : 16.11.2009
      This is in continuation of this Commission's Interim Decision
dated 3.11.2009. As scheduled the matter is called for hearing today
dated 16.11.2009. Appellant present. DDA is represented by Shri
Mahabir Singh, Dy. Director (MIG) (H). Shri Mahabir Singh
furnishes a copy of te decision of the Committee headed by Chief
Legal Advisor/DDA which is reproduced below :-
      "It is the case of applicant that she had intimated change of her
      address vide communication dated 4.12.1994 which was
      received in the Housing Deptt. vide Dy. No. 255 on 4.12.1994.
      However, DDA file does not contain the communication
      referred above. Applicant has also produced before the
      Committee another communication dated 20th Dec. '02
      intimating yet another change in postal address. Even this
      document is not on record.
      It is the case of Deptt. that DAL was collected personally by
      the appellant, as is recorded in the note-sheet at page 19/N
      marked as 'Y' in file no. M312(1890)2003/DW/NO. However,
      the receipt, accepting the DAL in person, is not on the record.
      It is not disputed by the Deptt. that some papers are missing
      from the original file.
      In the above said circumstances, Committee is of the
      unanimous opinion that case of applicant is covered under
      'Wrong address Policy' of DDA. The applicant shall therefore,
      be considered in the next draw of lot for allotment of flat of the
      equal size in the Dwarka area on the settled terms & conditions.
      Decision of the Committee be communicated within 15 days of
      Mrs. Versha Sethi, Applicant and the Department."

2.     From the above, it is noticed that a flat is proposed to be
allotted to the appellant in the next draw in the Dwarka Area on the
settled terms and condition. The appellant, however, requests that the
Commission may prescribe a time frame for such allotment. She also
pleads that as the allotment was made to her in 2003 regarding which
she did not receive any communication, the cost applicable at that
time should be charged from her for the proposed allotment.

                            DECISION
3.    The Commission appreciates the decision taken by DDA in the
matter in hand and hopes that a fool proof system of ensuring that the
 allotment letters reach the allottees will be evolved by the DDA in
compliance with the judgment of the Supreme Court. Coming to the
submissions made by the appellant in today's hearing, given the fact
that the appellant has waited for 32 long years for the flat, the
Commission hopes that the allotment would be made as early as
possible, preferably within a period of 04 months, to mitigate her
hardship. As regards the cost of the flat to be charged by DDA,
suffice to say that the prevailing rules and the principles of equity,
justice and fair play will be kept in mind by DDA.

4.    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 Mahabir Singh
Dy. Director, (MIG) (H),
Delhi Development Authority,
Vikas Sadan, INA,
New Delhi-110023

2. Ms Versha Sethi
(By Hand)