CENTRAL INFORMATION COMMISSION Appeal Nos.CIC/WB/A/2006/00532 & 734 Right to Information Act 2005 Section 19 Appellant - Shri Mahabir Singh Respondent - D.D.A. Facts: Shri Mahabir Singh of Nangal Raya NewDelhi made two applications to the DDA as follows: 1) Application assigned ID No. 1140 dated 20.4.06 seeking the following information: 1. Exact number of flats for sale at the time of launching the Festival Housing Scheme, 2004. 2. Closing date of the Scheme 3. Exact number of flats in Annexure A of the brochure at page No. 8. 4. Exact number of applications received upto 24.11.2004 i.e. the last date. 5. Detailed list of flats with complete address, area, cost, year of construction and cost of construction. 6. Whether the scrutiny of the applications were made before draw of allotment. If yes, give the detailed list of eligible applicants with their address and phone numbers. 7. List of rejected applications and reason of rejection with addresses and phone numbers with date of rejection. 8. Exact number of flats in draw. 9. Exact number of flats to which allotment letters were issued after draw. 10. Exact number of possession of flats category wise i.e. SC, ST, Handicapped, Ex-servicemen, War widows and general etc. and name, addresses and phone numbers of the allottees who have taken possession. 1
11. Any waiting list for this scheme 12. Exact number of balance flats with complete address. 13. Exact figure of applications received from Banks, branch wise. Complete detail of Applicant s name, address, and phone numbers with banks and branches. 14. What are the reasons/rules for requiring Banker s cheque/pay order/d.d. for any kind of payment in your department/authority. 15. Exact number of flats addresses, area, year of construction, cost of construction etc. ready at present to be sold in future. To this he received para wise information as below: 1. 2437 flats 2. 24.11.2004 3. 2437 flats 4. 1,64,095 5. The details of draw are available on the website of DDA, which include details of flat, area, etc. 6. The scrutiny to determine eligible and ineligible applications was not made before the draw. 7. No reply in view of 6 above. 8. 2506 flats. 9. 2506 flats 10. No record of such categories is available, who have taken over possession of the flats. 11. There is no waiting list. 12. There is no balance flat. 13. No such information is available. 14. This is as per policy of DDA. 15. The details are not available. Not satisfied with this reply Shri Mahabir Singh moved his first appeal before Ms. Asma Manzar, Comr. Housing DDA and Appellate Authority on 5.6.06 to which he received a response from Ms. Asma Manzar Appellate Authority stating that the concerned PIO has been advised to provide you all information available. Subsequently he received a further letter from Shri Rakesh Bhatnagar Director H-1 and PIO clarifying as follows: 2
In this regard, it is to intimate that at the time of launching the scheme 2437 flats were available for allotment and due to completion/cancellation of some more flats, the figure mounts to 2506 at the time of allotment of flats under Festival Housing Scheme. A total number of 1,54,095 applications have been received and all the applications were included in the draw and no application was rejected before the draw. Thus, giving reasons for rejection does not arise. As regards providing information relating to possession handed over of flats to the reserved categories is concerned, it is to intimate that no separate information for handing over possession to these categories have been kept, hence the information regarding their names and addresses is not available. As regards point no. 12, it is to intimate that under this scheme none of the flat was left unallotted, therefore, no address of the same can be provided. As regards point no. 13 regarding providing exact number of applications received from banks, branch wise with complete details of name, address and phone number etc. the said information is enclosed as Annexure A and the CD giving details of applicants is also enclosed. As regards point no. 14, it is reiterated that it is approved policy of DDA duly notified with scheme. As regards providing information regarding exact number of flats constructed by DDA, its location, year of construction, cost, etc. is concerned, it is to intimate that exact figure of flats ready for allotment can be provided when a new scheme will be ready to be launched with its location. As regards costing of flat is concerned, the same is not available on date. Appellant Shri Mahabir Singh then moved his second appeal before us with the following plea: It is most respectfully prayed that the CPIO may kindly be ordered to answer every question/information sought/demanded by the appellant as per application/ appeal as per the Right to Information Act in the interest of justice 3
2) In the second application assigned ID No. 1574 by the DDA applicant addressed the application to the same PIO on 12.6.06 seeking the following information: 1. Number of the flats for sale printed on the cover of brochure at the time of launching the said scheme. 2. Whether the applications were scrutinized after the draw as per your public notice published on 27.1.2005. If yes, give the list of eligible applicants along with their names, addresses, telephone numbers, allotted flats numbers/address, cost, area and year of the construction of allotted flats plus the list of applicants not found eligible with cause of rejection with name, addresses, telephone numbers and allotted flat numbers/address in the draw. If no, please give the detailed reasons. 3. Give the copy of advertisement dated 27.01.2005 by which the public informed the date of draw i.e. 28.1.2005 as per amended written statement filed by DDA under Order VI Rule 17 and Section 151 CPC on the page no. 19 para no. 8 in the case no. 169/2005 before the District Consumer Forum, Janakpuri, New Delhi. 4. Give the copies of written statement filed by DDA before the District Consumer Forum, Tis Hazari, Delhi against the said scheme. Information required as per DDA (Management & disposal of Housing Estates) Regulation 1968 under Chapter III, Procedure of Disposal of property, regarding the said scheme: 5. Supply the copy of public notice issued for the said scheme as per Regulation no.21. 6. Supply the copy of entries made in the register of all applications received under Regulation no. 23 in the said Scheme. 7. Supply the copy of the list of invalid applications as per Regulation no. 25 in the said scheme. 8. Supply the names, addresses and telephone numbers of the committee for scrutinizing of applications under Regulation no. 27 and copy of the decision taken by the committee in connection with the eligible applicants after the scrutiny of applications made under Regulation no. 27 in the said scheme. 9. Supply the copy of waiting list made as per Regulation no. 28 in the said scheme. 4
10. Supply the copy of entries made in register of final list of allottees made unde Regulation no. 30 in the said scheme. 11. Supply the copy of all intimation about allotment under Regulation no. 31 in the said scheme. 12. Supply the copy of allotment from waiting list under Regulation no. 32 in the said scheme. To this he received a reply on 10.2.06 providing the following information, as received from the concerned branches.: The number of 2500 flats was printed on the cover of brochure at the time of launching of Festival Housing Scheme 2004. The public notice issued for the said Scheme is enclosed. The copy of public notice dated 27.1.2005 is also enclosed. All the applications received under the said Scheme were entered in the computer. As already informed, all the applications received under the Scheme were included in the draw and no application was rejected. Therefore, no list of invalid application was made. In FHS 2004 no waiting list was prepared and the final list of allottees after the computerized draw was published as well as put on the website of DDA. The result of draw was also prominently published in the newspaper and press release was also issued. The demand letters to all successful applicants were issued. There being no waiting list under this Scheme, no allotment for waiting list has been made. As regards the copies of written statement before District Consumer Forum at Tis Hazari, kindly intimate the case number before the District Consumer Forum in respect of which the information is desired by you. Further information has also been called from the respective Branches and on receipt of the same, further information shall also be provided to you. This was followed by a letter of 17.8.06 in follow up, providing the following additional information: Before issuance of demand-cum-allotment letters, applications were scrutinized by the concerned Asstt. Directors. For allotments made under FHS-04 of MIG and EHS category flats, none was found ineligible before issuance of demand-cum-allotment letters. The list of the successful applicants is available at DDA Website www.dda.org.in and the same may be viewed by the applicant. Regarding addresses, telephone numbers, category, area etc. of 5
various such allottees/flats, the same cannot be provided in view of sec. 8(1)(j) of the RTI Act 2005 as this is personal information of other allottees and disclosure of the same has no relationship of any public activity and would cause unwarranted invasion of the allotees. Not satisfied with the information provided applicant Shri Mahabir Singh moved the first appellate authority Smt. Asma Manzar Comr., Housing in an appeal dated 5.8.06. To this there does not seem to have been any reply. In response to our appeal notice Shi Rakesh Bhatnagar Director H-1 PIO has through his letter of 14.3.07 provided comments on each of the above appeals pleading generally that such information as was accessible and provided by different branches and PIOs of DDA was given to appellant Shri Mahabir Singh. He also attached a list of: flat details of Festival Housing Scheme 2004 numbering 2506 together with the flat amount of each; particulars of flats under category-iii FHS 2004 numbering 851; total allotment of scheme for FHS 2004 and draw No. 134 list of allotments numbering 2261, and cancellation of 245 leaving a total of 2506; a statement of FHS 2004 MIG categories total number of flats allotted and PL issued with a list of successful candidates scheme and locality wise numbering 60 and 801 respectively; list of FHS 2004 Dwarka, Bindapur, Nasirpur issued and cancelled; FHS 2004 Kondli Ghroli. The appeal was heard on 30.3.07 at 5.00 p.m. The following are present: 1. Shri Mahabir Singh, appellant 2. Shi Rakesh Bhatnagar, Dir. (H) PIO 3. Shi V.P. Bansal, Dy. Dir. (SHS) Appellant acknowledged that much of the information he had sought has indeed been received. However, there were some details which he felt remained unanswered as in the case of actual possession taken as against simply allotment made. Respondent and PIO Shri Rakesh Bhanagar again clarified that such information as is held by the public authority has infact been provided. 6
DECISION NOTICE In the case under file No.WB/A/06/734 it has been clarified by PIO that answer given in response to issue No. 2 is complete because of applications in the draw were scrutinized and there were no rejections. Copy of the advertisement dated 27-1-2005 has been provided to appellant Shri Mahabir Singh. However, he has stated this advertisement does not form part of date of draw i.e. 28-1-2005. Because the public authority is expected to provide only that information which is held by them and this is the information held, the question asked must be deemed to have been met. If this is in contradiction to the written statement filed by the DDA before the District Consumer Forum, Janakpuri, it is for that Forum to rule on the issue and not for this Commission. Finally, since the public authority is not maintaining a copy of the entries in the register of final list of allottees as required under regulation No. 30 in the said scheme, it has not been possible to supply such information. Again whether nonmaintenance of such register is in violation of the rules is not for this Commission to decide. In the case in file No.WB/A/06/532 respondents have argued that they do not have the year and cost of construction in the list of flats as per question No. 5 of appellant. They have also stated that although allotment of flats is done category-wise they do not maintain separate records of possession of flats taken by those in the special category. This is maintained in the separate files of the concerned allottees. Such files number 2500 and to compile this list will amount to undue diversion of resources for answering a single request in one application. Whereas in the latter category the DDA is within its rights to invoke Section 7 (9), in case appellant Shri Mahabir Singh has any specific instances of 7
possible malpractice in the process,. both PIOs are directed to allow appellant the inspection of specific files, providing him copies of any specific noting that he may identify for the purpose. Finally whereas the appellant has requested for the exact number of flats with address, area, cost, year of construction and cost of construction, ready as at present to be sold in future, respondents have argued that there was no such information on record on the date on which information was sought and therefore, this was not provided. If indeed this is a fact, as we must believe it to be on the basis of assurance given by the PIO we feel this is an inadequacy in the information system of the DDA. We would suggest that as mandated u/s 4 (1) (d) it would be in the best interest of the public and the DDA itself that regular record of construction of the flats available to be sold is maintained by the Department and updated regularly on its website. Announced in hearing. Notice of this decision be given free of cost to the parties. (Wajahat Habibullah) Chief Information Commissioner 4.4.2007 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. The Commission has also noted with approval the considerable work put in by PIO in these cases in collating and supplying the extensive information asked for (L.C.Singhi) Addl. Registrar 4.4.2007 8