Case: Shri Sri Bhagwan Vs Delhi Development Authority (DDA). Central Information Commission

Party Name:Shri Sri Bhagwan Vs Delhi Development Authority (DDA)
Judges:Wajahat Habibullah, C.I.C.
Issue:Right to Information Act
Judgement Date:July 21, 2008
Court:Central Information Commission
 
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Decision:

Wajahat Habibullah, C.I.C.

Facts:

1. By application of 6.11.06 assigned ID Nos. 4156 Shri Sri Bhagwan of Village Katwaria Sarai, New Delhi applied to the Dy. Director (Res) DDA seeking the following information:

1) Inspection of the File bearing Nos. F-27(29) 88 LSB (R) Plot Nos. 18 Block Nos. A in Dwarka Residential Scheme.

2) Certified copy/attested copy of entire file bearing Nos. F-27 (29) 88/LSB (R).

2. However, in response to this request he received the following reply from Director (RL) on 13.12.06:

I am to inform you that the concerned property file is not traceable so that information called for cannot be provided to you right now. However, as and when the file is traceable certified copies of file will be issued and inspection of file will be allowed.

3. Upon this appellant moved his first appeal on 8.1.07. In her order of 8.2.07 Ms. Asma Manzar, Commissioner (LD) replied as follows:

I have gone through your appeal and reply given by PIO in which it has clearly been mentioned by the PIO that the property file of property bearing Plot Nos. 18, Block Nos. 1, Dwarka, is not traceable. Thus, the requisite information can not be provided. The responsibility for loss of file will be fixed separately in accordance with the policy/rules.

4. In a follow up response OSD (RL) further informed appellant that in connection with this appeal, Dy. Director (LA) was requested to provide the information but it was still untraced. Appellant Shri Sri Bhagwan's prayer before us is as follows:

1. Allow the inspection of the appellant the property file bearing Nos. F-27 (29) 88 LSB (Res.) Plot Nos. 18, Block-A, in Dwarka Residential Scheme.

2. Supply the certified copy of the property file bearing Nos. F-27 (29) 88 LSB (Res.) Plot Nos. 18, Block-A, in Dwarka Residential Scheme.

3. Pay Rs. 25,000/- as compensation to the appellant for the harassment caused to him by the DDA.

5. Subsequently by a further request to Commissioner (LD) Shri Sri Bhagwan again sought to know from the Commissioner (LD) & PIO whether the property file concerned "is traceable or not till today " To this he received a response from Ms. Asma Manzar Commissioner (LD) on 26.12.2007 in which she has stated that "Director (RL) has again been advised to make best efforts to trace out the file and to provide the required information."

6. The issue before us, therefore, is simply the tracing and inspection of the concerned file relating to Plot Nos. 18-A...

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