के न्द्रीय सूचना आयोग Central Information Commission बाबा गंगनाथ मागग, मुननरका

Baba Gangnath Marg, Munirka नई निल्ली, New Delhi – 110067 File Nos : CIC/DDATY/A/2023/615898 CIC/DDATY/A/2023/615859 CIC/MCDND/A/2023/119735 Nitika Bakshi Benazir Akhtar Malik Shamsi .….अपीलकर्ाग/Appellants VERSUS बनाम PIO, Delhi Development Authority, Planning Coordination Unit, 4th Floor, Vikas Minar, New Delhi-110002 PIO, O/o The Chief Town Planner, Municipal Corporation of Delhi, Town Planning Department, E -Block, 13th Floor, Dr. S.P.M.Civic Centre, J.LN. Marg, New Delhi – 110002 ….

Date of Hearing : 13-05-2024 Date of Decision : 14-05-2024 INFORMATION COMMISSIONER : Vinod Kumar Tiwari The above-mentioned second appeals are clubbed together as the subject- matter is similar in nature and hence are being disposed of through a common order.

Relevant facts emerging from appeal:

RTI application filed on : 04-01-2023, 17-02-2023 CPIO replied on : 17-02-2023, 17-02-2023 First appeal filed on : 15-03-2023, 24-03-2023 First Appellate Authority’s order : 23-03-2023, 06-04-2023

2nd Appeal/Complaint dated : NIL, 28-04-2023 CIC/DDATY/A/2023/615898 Information sought:

The Appellant filed an RTI application dated 04-01-2023 seeking the following information:

“Whether an entity or person who has been granted permission to construct and operate a Motel in Delhi is allowed to sell or transfer to third parties the built up area or FAR authorized to be used as commercial area retail and service shops in the Motel project along with proportionate land.

If the sale of a commercial area retail and service shops in a Motel project to third parties is allowed then can an agreement to sell followed by a sale deed or conveyance deed of the built-up area or FAR be allowed to be used as commercial area retail and service shops in a Motel Project along with proportionate land can be executed in favor of the third parties.

I also provide us the relevant notification circular guidelines etc under which the sale or transfer of such commercial area and retail and service shops and proportionate land is permitted or prohibited.

Please provide a copy of the notification circular order policy etc under which permission or license is granted to an entity or person for constructing and operating a Motel in Delhi.

Please provide the relevant notification circular guidelines etc under which license permissions granted for setting up or operation of the Motel can be canceled or suspended.

Please provide a copy of the notification and circular and order and policy etc under which the sale or transfer of built up area commercial area and cafeteria and retail space and service shops and office space etc constructed as part of the Motel project is allowed.

Please provide a copy of the notification and circular and order and policy etc under which the sale or transfer of an undivided portion of land on which the motel is contracted is allowed.

If the sale of commercial area and retail and service shops and office space or proportionate land in a Motel project is allowed, then can an agreement to sell or sale deed or conveyance deed of the built up area or FAR or proportionate land can be executed in favor of the third parties.

Please provide a copy of the notification and circular and order and policy etc under which an entity or person operating a Motel in Delhi is allowed to.

execute the agreement to sell or sale the deed for transfer of built-up area or land in the Motel project to third parties.

Please provide the relevant notification and circular and guidelines etc under which the sale or transfer of commercial area and retail and service shops and proportionate land is prohibited or restricted.

If the area used for Motel purposes is sealed for any non-compliance then can the commercial area cafeteria and retail space and service shops and office space etc constructed as part of the Motel project be allowed to operate or not. In case the license granted for the operation of the Motel expires, then ca