CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/WB/A/2008/01401/LS
Govind Prasad Aggarwal VS DDA
Dated : 10.3.2010
This is in continuation of this Commission’s proceedings dated
13.3.2009, 13.9.2009 & 12.1.2010 in the above cited matter. As scheduled,
the matter is called for hearing today dated 11.3.2010. Appellant Shri
Govind Prasad Agagrwal is present along with his son Shri Sanjeev
Aggarwal. Shri R.L. Punyani, Dy. Director (MIG) (H); Shri H.C. Kaushik,
Sr AO & Shri S.N. Vats, Asstt Director (MIG) (H) are also present. The
matter in hand, raises the following two important issues :-
(i) Non-intimation of details of costing in respect of flat No 259, LIG,
Pocket-V, Phase-II, Mayur Vihar to the appellant; &
(ii) Not supplying requested information in the prescribed period of 30
days.
2. I will now take these issues one by one. As regards issue No (i), it
is the submission of the appellant that DDA has miscalculated the cost of
the flat in violation of the judgment dated 3.8.2007 of the Hon’ble Delhi
High Court in CONT (CAS(C)1236 of 2006 (G.P. Aggarwal Vs DDA).
On the other hand, Shri Kaushik forcefully submits that the costing has
been done in accordance with the judgment of the Delhi High Court with
the approval of the competent authority. It is not for the Commission to go
into the merits of the calculation of cost made by DDA. It would suffice if
the DDA provides the details of costing to the appellant. The DDA
officers have shown me their internal notings in which the details has been
worked out but this has not been communicated to the appellant. In view
of this, Shri R.L. Punyani, Dy Director (MIG) (H), is hereby directed to
communicate the details of costing to the appellant in 04 weeks time.
3. As regards, Issue No (ii), it is undisputed that the appellant had filed
RTI application on 29.2.2008. The para-wise information was provided to
him by Dy Director (MIG) (H) vide letter dated 28.7.2008. Needless to
say, u/s 6 (1) of the RTI Act, information is required to be provided in 30
days time. In other words, the information should have been provided by
the appellant by the end of March, 2008. However, there was delay of
about 04 months. Dy Director (MIG) (H) has drawn my attention to the
letter dated 29.4.2008 of Shr B.B. Kundal, the then Director (H) II vide
which the appellant was informed that this matter was to be dealt with in
MIG section. It is also to be noted that the Commission had issued notice
to Smt Neelam Chaddha, Director (H) II and she had filed a response vide
letter dated 20.4.2009 which is reproduced below :-
“Please refer to your Show Cause Notice issued vide File No
CIC/WB/A/2008/01401/LS dated 27.11.2009 on the above noted
subject. In this regard, it is submitted that the undersigned joined as Director (Housing)-II w.e.f. 4.6.2008, whereas, the RTI application
of Shri Gobind Prasad Aggarwal dated 29.2.2008 received vide ID
No 1115 dated 29.2.2009 was prior to my posting in the Housing
Deptt.
It is further submitted that the aforesaid application was initially
forwarded by Shri B.B. Kundal, the then PIO/Director (Housing)-II,
DDA to Shri Desh Raj Arora, Dy Director (LIG)-H vide his even
No 591 dated 14.3.2008 for furnishing suitable information. In
response to abvoe, the Asstt Director (LIG)-H vide his note dated
1.4.2008 (on the body this office letter dated 14.3.2008 informed
that case relates to MIG (Housign) Branch. As such, vide this office
letter of even No 808 dated 7.4.2008, the applicant was informed
accordingly and his RTI application was transferred to Dy Director
(MIG)-H.
Further, the applicant filed the appeal application dated 9.6.2008.
The AA(H)/Commissioner (H) passed order No
488/RTI/AA(H)/ID-1115/DH-II/PIO/1606 dated 3.7.2008 on the
aforesaid application and immediately the same was forwarded to
Dy Director (MIG)-H vide this office letter of even No 1770 dated
4.7.2008. In response to above, Dy Director (MIG)-H vide her letter
dated 28.7.2008 submitted the para-wise information to RTI
application dated 29.2.2008 as well as appeal application dated
9.6.2008 and thereafter, the same was provided to the appellant vide
this office letter of even No. 2040 dated 30.7.2008. Therefore, there
is no delay on the part of undersigned.
It is also pertinent to mention here that Smt Krishna Mehta, Dy
Director (MIG)-H was also posted in MIG (Housing) branch w.e.f.
10.7.2009.
In the light of above, you are requested to withdraw the aforesaid
notice since there is no delay on the part of PIO/Director (Housing)-
II/the undersigned as well as Dy Director (MIG)-H, Smt Krishna
Mehta.”
4. From her letter, it is clear that this matter has passed through the
hands of several officials, and, therefore, it is difficult to determine
individual responsibility for the purposes of imposition of penalty u/s
section 20 (1) of the RTI Act. The fact, however, remains that there has
been delay of 04 months in responding to the RTI application. The DDA
officers present before the Commission are heard on this issue. They
vehemently oppose payment of compensation to the appellant on the
ground that the matter in hand involved several departments/offices of the
DDA, particularly the Accounts Department for sending an conclusive
response to the appellant, and this, naturally took time. They also plead
that delay was not deliberate was inherent in the situation.. The
explanation given by the DDA officers is not found to be satisfactory.
5. The appellant pleads that this has caused him detriments and he
requests for compensation u/s 19 (8) (b) of the RTI Act. As mentioned
herein above, delay of 04 months has occurred in supply of information to the appellant and thereby the appellant has suffered detriment in terms of
section 19 (8) (b) of the RTI Act. On a thoughtful consideration of the
matter, we are of the opinion that the ends of justice will be met if
compensation of Rs 15000/- is paid to the appellant. A copy of this order
may be sent to Smt Asma Manjar, Commissioner (H), DDA, with the
direction to pay compensation of Rs 15000/- to Shri Goving Prasad
Aggarwal, R/o House No 2686, HBC Colony, Sector-03, Faridabad,
Haryana by Demand Draft/Cheque.
6. The order of the Commission may be complied with in 04 weeks
time.
7. With this, 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. Smt Asma Manjar
Commissioner (H),
Delhi Development Authority,
INA, Vikas Sadan,
New Delhi-110023
2. Shri R.L. Punyani
Dy Director, MIG (H),
Delhi Development Authority,
INA, Vikas Sadan,
New Delhi-110023
3. Shri Govind Prasad Aggarwal
R/o House No 2686,
HBC Colony, Sector-03,
Faridabad, Haryana.
No comments:
Post a Comment