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, < xml:namespace prefix = st1 />New Delhi applied to the PIO Shri R.M. Lal, Director (Bldg), DDA on 28.12.05 seeking the following information:

1. Copy of reply to letter No. TP/S/1733/04 dated 16.4.2004 from Sr. Town Planner (L), MCD in respect of land east of Plots 5/27 and 7/19 in Sarva Priya Vihar.

2. If no reply has been sent, the reason for not replying.

3. Inspection of file F. 3(27)/MP/D

2. In response to this, PIO Shri R.M. Lal in his letter of 16.3.06 stated as follows:

Para 1 The letter No. TPS/1733/04 dt. 16.4.04 from Sr. Town Planner/MCD is addressed to Director (Area Planning-I), DDA and the reply, shall be submitted by Director (AP)-I. Para 2 The file bearing No. F. 3(27)/ MP/DDA has already been inspected by yourself in this office on 20.02.06.

3. Appellant Capt. V.K. Mohindra had in a letter of Feb. 20, 2006 specified documents of which he required photocopies after inspection. However, on not receiving a further response from Director (AP), Capt. Mohindra appealed to Commissioner (Planning) seeking information under Points 1 & 2 above.

4. In their response to the appeal notice sent by us, the Area Planning Wing-I of the DDA have attached a copy of a letter from Director (AP) to Shri S.L.Malhotra, authorized representative of Capt. Mohindra dated 29.9.06 stating as follows:

It is also to add that the undersigned had a pleasant discussion with your goodself as well as Capt. V.K.Mohindra, who had visited this office on 26.9.06. It was intended primarily to address all the issues/queries with necessary clarifications as per information available in the Area Planning Unit-I. Nevertheless, for any further clarification on planning issues, you are requested to visit this office at any working day.

5. On not receiving a decision regarding copy of the reply letter cited by the appellant in his original application Capt. Mohindra has moved a second appeal before us. The Appeal was heard on 6.10.2006. The following were 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

6. The representative of the Appellate Authority Mrs. I.P. Parate argued that in light of the letter from Area Planning Wing-I, cited above, all issues/quarries with necessary clarification as per information available in the Area Planning Wing-I had...

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