Case: Capt. Vinode K. Mohindra Vs Delhi Development Authority. Central Information Commission

JudgesWajahat Habibullah, C.I.C.
IssueRight to Information Act
Judgement DateOctober 09, 2006
CourtCentral Information Commission

Decision:

Wajahat Habibullah, C.I.C.

1. Capt. V.K. Mohindra of Sarva Priya Vihar, New Delhi applied to the PIO Shri R.M. Lal, Director (Bldg), DDA on 28.12.05 seeking following information:

The road/lane east of plots 5/27 and/19 in Sarva Priya Vihar was leased to owner of plot 5/27 in 1986 for maintenance as a private green.

1) when exactly was its use changed from road/lane to green area and

2) under whose authority

3) provide a copy of the letter authorizing the change of land use

4) Permission to inspect identified files

2. In response to this application Shri R.M. Lal Director (Building) vide his letter of 24.1.06 provided the following information:

Para 1, 2 & 3 On perusal of the file of the subject it has been observed that no such change of land use for the piece of land east of plot No. 5/27 & 7/19 in Surva Priya Vihar has been dealt in Building Section.

3. Accordingly the file was inspected by appellant Capt. Mohindra who asked for photocopies of some documents. However, on not receiving further information, Capt. Mohindra made a first appeal to the Commissioner (Planning), Appellate Authority, DDA stating that the file was not available in the Building Department and, therefore, he had not got copies of records sought. Photocopies asked for were, however, supplied on 10.7.06 and collected by appellant Sh. S.L.Malhotra, authorized representative of appellant of Capt. Mohindra on 10.7.06 i.e. after the filing of 2nd appeal before this Commission. The appeal was heard on 6.10.06 and following are present:

1. Capt. Vinode K.Mohindra

2. Shri R.M. Lal, Director (Bldg), DDA

3. Smt. I.P. Parate, Jt. Director (Pl), DDA

4. Shri T.K. Mondal, Jr. Director (Bldg), DDA

DECISION NOTICE

4. Whereas the request for copies subsequent to inspection has now been met, appellant Capt. Mohindra brought to our notice that the response to question 1 i.e. when exactly was this use of the road changed from road/lane to green area, was obscure. The response of PIO reads as above.

5. Since the Building Section was sanctioning authority for lay out plans of this Society and any changes thereto up to 1989, they have clarified before us that as per their records no such change in land use has been approved by them. While closing this appeal with this clarification, however, we are constrained to observe that it has taken far too long a time from the...

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