Appellant: Whether DDA has any plans for in-situ rehabilitation of families - CIC: Response is generic; Provide a revised reply clearly stating whether there is any scheme for rehabilitation of families residing at Rangpuri Pahari or not; SCN for penalty
Information sought and background of the case:
The Appellant filed an RTI application dated 23.05.2022 seeking information about whether DDA has any plans for in-situ rehabilitation of families residing at Rangpuri Pahari Malikpur Kohi. If yes, the details of decision, copy of the scheme and other relevant information to be provided.
The PIO vide online letter dated 14.06.2022 replied as under:
In Situ Rehabilitation Policy के अंत[गत डी.डी.ए Ýलैटɉ का आवंटन कर रहl है।
िजसकȧ ĤǓतͧ लपी डी.डी.ए कȧ वेबसाईट पर उपलÞध है। इस संबंध मɅ ͧ लए गए
Ǔनण[ य वेबसाईट पर अपलोड कर Ǒदए जाते है।
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.07.2022. The FAA vide online order dated 10.08.2022 stated as under:-
It is informed that as replied earlier the sought information is available on the website, for your convenience link is given below:
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the Appellant and duly taken on record.
Hearing was scheduled through virtual means after giving prior notice to both the parties. Both parties are duly represented and heard through video conference. Deliberations between the parties indicate that the response provided by the Respondent is unsatisfactory and generic and fails to address the specific query raised by the Appellant.
In the light of the above discussion, the Commission is of the considered opinion that a revised reply should be sent by the Respondent clearly stating whether there is any scheme for in-situ rehabilitation of families residing at Rangpuri Pahari Malikpur Kohi or not.
The Respondent in their reply has not given a clear and specific reply, either affirming or negating the query. Hence, an explanation is called from the PIO/AD-Shri Afsar Yazdani present during the hearing and why no penal action should be initiated for the violation of the express provisions of the RTI Act.
Both the aforementioned directions, viz. a) revised reply and b) explanation must be duly complied with and report in this regard must reach the Commission by 20.09.2023, failing which appropriate action shall be initiated suo motu, in terms of law. It is made clear that non-compliance of these directions shall attract necessary action, as per law.
The instant appeal is disposed off on these terms.
Y. K. Sinha
Chief Information Commissioner
Citation: Shri Samay Singh and Ors. v. DDA, CIC/DDATY/A/2022/652023; Date of Decision: 25.08.2023