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2021 Supreme(Online)(CIC) 1886

के቎ኚरीयसचू नाआयोग Central Information Commission बाबागगं नाथमाग,गमनु नरका

Baba Gangnath Marg, Munirka नईदिल्ली, New Delhi – 110067 नितीयअपीलसंख्या / Second Appeal No.:- CIC/CHSBO/A/2018/174159-UM Mr. Madan Mohan Bhatt, ….अपीलकताग/Appellant VERSUS बनाम CPIO Chandigarh Housing Board 8, Jan marg Sector 9-D Chandigarh-160009 ्ቚनतवािीगण /Respondent Date of Hearing : 28.01.2021 Date of Decision : 29.01.2021
























ate of RTI application31.08.2018
CPIO’s response12.09.2018, 26.10.2018
Date of the First Appeal03.10.2018
First Appellate Authority’s response18.10.2018
Date of diarized receipt of Appeal by the CommissionD 27.12.2018

ORDER

FACTS

The Appellant vide his RTI application soughtinformation on 11 points:

1. Please provide 2 certified copies of documents/ letter/ office order/ notification/ circular related to regulation of transfer of title/ ownership under the GPA/Sub GPA/Will Policy;

2. Please provide 2 certified copies of documents/ letter/ office order/ notification/ circular issued by Chandigarh Housing Board by which Chandigarh Housing Board has stopped/ suspended/

discontinued transfer of title /ownership under the GPA/Sub GPA/Will Policy;

3. Please provide information about how many publication notices regarding any objection related to transfer of ownership published in the -newspapers of Chandigarh on dated 25.07.2017 issued by Chandigarh Housing Board;

4. Please provide detailed information related to the question no.3 including the name of the applicant and house address andnewspaper in a table format;

5. Please provide information about how many applications received by Chandigarh Housing Board relating to transfer of title / ownership after 25.07.2017 under the GPA/Sub GPA/Will policy.

6. Please provide information about how many transfer letters issued to the applicant applying after 25.07.2017 by the Chandigarh Housing Board under GPA/Sub GPA/ Will policy.

7. Please provide information whether Chandigarh Housing Board can put on hold or put any objection in issuing publication notice in newspaper, when no objection is received from anybody else.

8. If the answer to the serial no.7 is in affirmative, then please provide the certified copy of the document/circular/ notice/ office order or any other authority which gives power to Chandigarh Housing Board to put the objection.

9. Please provide 2 certified copies of order no.185 dated l2.07.2016 relating to transfer of tittle/ownership of dwellings unit on the basis of the GPA/Sub GPA/ SPA/agreement to sell policy.

10. Is Chandigarh Housing Board following uniform procedure in transferring tittle/ownership under the GPA/SPA/will policy. If yes, then please provide 2 certified copies of the documents related to that;

11. Whether the Chandigarh Housing Board has withdrawn the scheme for transfer of tittle/ownership under the GPA/SPA/will policy. If yes, then please provide 2 certified copies of the documents related to that;

The CPIO cum A.O., vide letter dated 12.09.2018, furnished a point-wise response to the Appellant.Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA, CHB, Chandigarh, vide letter dated 18.10.2018 directed the AO(A)-cum-CPIOto transfer the RTI application to concerned AO (Recovery & Reception) for providing information.

In compliance, the CPIO cum AO (Admn.), vide communication dated 26.10.2018 transferred the RTI application to CAO, AO (Reception) Branch. Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide the information as soon as possible and impose penalty on respondent.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Absent;

Respondent: Ms. Gagan Deep Kaur, Accounts Officer and CPIO through VC;

The Appellant remained absent during the hearing. The Commission was in receipt of a written submission from the Deponent of the Appellant dated 01.01.2021 wherein it was submitted that the Appeal was filed in 2018 and the issue was amicably resolved after the filing of Appeal, so the Appellant does not want to pursue the aforesaid Appeal and prays for grant of permission to withdraw the above titled Appeal as infructuous. It is therefore respectfully prayed that the present request may be allowed and the Appellant may kindly be granted permission to withdraw the aforesaid Appeal as infructuous in the interest of justice and to save valuable time of this Hon'ble Court.

In its reply, the Respondent submitted that a suitable point-wise reply has been furnished to the Appellant, as per the provisions of the RTI Act, 2005.

DECISION:

Keeping in view the facts of the case and th

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