Non-compliance of CIC order - PIO: Office has never received copy of the Order dated 06.11.2023; On receipt of a RTI, the online portal was gone through and accordingly, the orders were found - CIC: Respondent directed to be cautious in future

O R D E R

1. The issue under consideration is the complaint for non-compliance dated 12.01.2024 of CIC’s order dated 06.11.2023 in the above matter.

2. The above-mentioned appeal of the appellant, Shri G K Ahuja was disposed of by the Commission on 06.11.2023 wherein following observations and directions are given:

“Keeping in view the facts of the case and the submissions made by both the parties the Commission directs the CPIO to re-examine the matter and provide a point wise correct information to the Appellant, along with the enclosures, 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 under the intimation to the Commission. The Appeal stands disposed accordingly.”

3. The Appellant vide his letter dated 12.01.2024 reported non-compliance of the above order stating that:-

“Respect full I have to state that I attended hearing on 03.11.2023 in the matter of G K Ahuja Vs. CPIO DDA MP&DC and a decision was taken by the Hon’ble CIC on 06.11.2023 vide file no. cited above, wherein the Commission directed the CPIO (DDA/MPS&DC section, 6th Floor, Vikas Minar) to re-examine the matter and provide a point-wise correct Information to the applicant within a period of 21 days from the receipt of this order under intimation to the Commission.

It is to inform you that more than two months have elapsed, I have not received any information/ Compliance from CPIO/DDA/ MPS&DC section, 6th Floor, Vikas Minar, N.D – 110002

It is, therefore requested that needful may be done to ensure the Compliance of Hon'ble CIC's orders. Further, it is requested to provide me a copy of order/ decision dt 6.11.2023 as the same is not received me so far.”

4. The Registry of this Bench vide letter dated 18.01.2024 had sought comments of the CPIO on the non-compliance complaint filed by the Appellant.

5. The CPIO, in compliance of the order dated 06.11.2023 of the Commission provided the following reply:

“In this regard, it is to submit that this office has never received copy of the Order dated 06.11.2023. However, on receipt of a RTI in the same matter, the online portal was gone through and accordingly, the orders were found. The then CPIO has already retired. The delay and inconvenience caused in this regard, if any, is deeply regretted.

Further, the information as per the orders is submitted as under:

1. The RTI application dated 22.09.2022 of Sh. G.K. Ahuja has been replied vide this office vide letter dated 31.10.2022. (Copy enclosed).

2. The first appeal dated 26.11.2022 of Sh. G.K. Ahuja has been replied on 27.12.2022 (Copy enclosed).

3. Further, it is to submit that as per GOVERNMENT OF INDIA circular dated 16.09.2011 Only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the Public Authority. The Public information officer is not supposed to create the information or to interpret the information to solve the problems raised by the applicants or to furnish replies to hypothetical question. In view of this circular, it is to inform that the information sought requires interpretation and examination of the provisions of MPD-2021 and as such any clarifications and interpretation of the provisions does not fall under the purview of RTI Act 2005.

4. However, you may refer Para 4.4.3 (A) Residential Plot - Plotted Housing under of Chapter 4 Shelter of MPD-2021 for maximum ground coverage, FAR, number of dwelling units for plots with area Upto 50 sq. m. The text document of MPD2021 (incorporating modifications upto 31st August 2022) is available in public domain on DDA website i.e. https://dda.gov.in/master-plan-2021.”

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present in Person

Respondent: Mr. Pallavi Varshney CPIO, Present in Person

The written submission of the respondent vide letter dated 27.01.2024 is taken on record.

The appellant inter alia submitted that the Respondent has not provided the relevant information as sought in the instant RTI Application even after the direction passed by the Hon’ble CIC vide order dated 06.11.2023.

The respondent, while defending their case inter alia submitted that vide letter dated 18.01.2024 the Appellant has been informed to refer as under:

"Para 4.4.3 (A) Residential Plot - Plotted Housing under of Chapter 4 Shelter of MPD-2021 for maximum ground coverage, FAR, number of dwelling units for plots with area Upto 50 sq. m. The text document of MPD-2021 (incorporating modifications upto 31st August 2022) is available in public domain on DDA website i.e. https://dda.gov.in/masterplan-2021."

Decision:

The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that point-wise information/reply has already been provided by the respondent vide letter dated 18.01.2024 and subsequently dated 27.01.2024 in compliance of the CIC’s order dated 06.11.2023. The information as held by the respondent has already been provided to the appellant. Hence, scope of intervention is not warranted in this matter.

The Commission further observes that there is a delay in complying with the Commission’s directions dated 06.11.2023. In view of this, the Respondent is directed to be cautious in future and ensure that orders of the Commission should be complied with in a time bound manner, so as not to attract penal action.

The Non-Compliance case is closed.

Vinod Kumar Tiwari

Information Commissioner

Citation: Mr. G K Ahuja v. Delhi Development Authority, CIC/DDATY/A/2023/108975; 26.02.2024