Information about removal of encroachment by DDA, collection of penalty for encroachment and other related information was sought - CIC: PIO to collect the information from the concerned authorities and furnish the point wise, correct information
O R D E R
The Appellant vide his RTI application sought information on points, as under:-
1. Kindly provide date wise removal of encroachment by DDA in matter mentioned in Actionable Point 1 and 3 by Executive Engineer -XI, DDA for the matter referred on Page 3 and 4.
2 Kindly provide date wise transfer of matter to other department of DDA (removal of encroachment by DDA in matter mentioned in Actionable l Point 1 and 3 ) by Executive Engineer -XI , DDA for the matter referred on Page 3 and 4.
Concerned department are DD (Building Department), DDA (for removing of illegal construction on Plot, DD (Commercial Estate), DDA (for built up shops sold) Encroachment and collection of penalty for encroachment, DD (Commercial Land) DDA for Plots Encroachment and collection of penalty for encroachment .
3 Kindly provide property wise actions done by A. EE -11 NZ DDA B. DD (CE) DDA C. DD (CL) DDA D. DD (Building ) DDA
Information should clearly specify area of illegal encroachment removed, period of encroachment (with area) amount of penalty collected for illegal encroachment and dates of doing aforesaid actions.
4 A. Kindly provide date for transferred of Building Activity (referred in Point 3 Page 4) transfer to MCD.
B. Detail of actions still pending (to remove illegal construction) and encroachment on the date of transfer of Activity to MCD.
C. Kindly provide detail of matter mentioned in point 4(b) informed to MCD.
D. Kindly provide detail of files transferred to MCD matter mentioned in point 4(b) and 4 (C).
5 Kindly provide information related to other LSC (and similar Commercial Activity) area of Shalimar Bagh , as provided on Point 1 to 4 – - information should be given area wise.
6 Kindly provide date wise intimation made to Delhi Police for illegal encroachment of Public land in Point 1 to 5 stated above and kindly provide copy thereof. Kindly clearly state actions sought from Delhi Police like Registration of FIR for stealing Public Land etc.
7 Kindly provide inspection and copies of Records related to Point 1 to 6 information and Section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; RTI Act information available in the department mentioned above (Up-To Director level officer) like orders, circular Rules and Regulation available
8 Kindly provide copy of documents (in soft form) pointed out at the time of inspection
The CPIO, Delhi Development Authority, vide letter dated 19.05.2022 furnished a reply to the Appellant.Dissatisfied with the reply received from the CPIO, the Appellant filed a First Appeal. The FAA vide order dated 03.06.2022 observed that the information has been furnished and upheld the reply of CPIO. Thereafter, the Appellant filed a Second Appeal before the Commission.
Facts emerging during the hearing:
The following were present:
Appellant: Present through AC
Respondent: Mr Somendra AD, Present in Person
The appellant while reiterating the contents of the RTI application submitted that incomplete and vague information has been furnished to him. The Respondent stated that a suitable reply as per the provisions of the RTI Act has been furnished to the Appellant vide letter dated 19.05.2022 and subsequently dated 03.06.2022.
Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the CPIO to collect the information from the concerned authorities and furnish the point wise, correct information, to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the receipt of this order.
The Appeal stands disposed of accordingly.
Citation: CA Rakesh Kumar Gupta v. Delhi Development Authority, CIC/DDATY/A/2022/630715-UM; Date of Decision: 06.11.2023