के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/DDATY/A/2023/106124 &

CIC/DDATY/C/2023/119033 Akshay Kumar Malhotra .….अपीलकता(cid:18)/Appellant ….िशकायतकता(cid:18) /Complainant VERSUS बनाम PIO, Asst. Director - LAB (Rohini), Delhi Development Authority, C-1, 3rd Floor, Vikas Sadan, INA, New Delhi – 110023 ….(cid:30)ितवादीगण /Respondent Date of Hearing : 18.07.2025 Date of Decision : 30.07.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 12.10.2022 CPIO replied on : 15.11.2022 First appeal filed on : 15.12.2022 First Appellate Authority’s order : 03.02.2023 2nd Appeal dated : 06.02.2023 Complaint dated : 2 4.04.2023 The above-mentioned second appeal/complaint are clubbed together as the Appellant/Complainant is common and subject-matter is similar in nature and hence are being disposed of through a common order.

Information sought:

1. The Complainant/Appellant filed an RTI application dated 12.10.2022 (offline) seeking the following information:

“This RTI Application is filed to know the information related to an issue lying pending with DDA for more than a decade and resultant impact of which is that, 'Corruption of more than Rs 10000 Crores due to ill policies of DDA/MoHUA for getting the property freehold."

DDA puts the onus on MoHUA and MoHUA puts it back to DDA and in this whole process nearly 2 decades have lost and massive massive corruption is happening due to such inactions by DDA as well as MoHUA, for the policy document in respect of:

1. Conversion of leasehold plots Residential / Commercial / Industrial Plots into Freehold plots without insisting for construction on the said plot.

2. Still DDA keeps on allotting the Residential / Commercial / Industrial Plots on Leasehold basis, as very recently DDA had allotted plots on leasehold basis( i.e. approx 25000 plots) in Rohini Delhi and which itself is in violation of amendment to Nazul Rules on 19.04.2006 as well as in contempt of the Order of H'ble Supreme Court of India of October, 2011/2012.

Intent of Larger Public Interest There is rampant corruption in DDA (Delhi Development Authority), which comes under MoHUA, in the name of getting the property freehold.

After the orders of H'ble Supreme Court in October, 2011/2012, no immovable property can be sold/transferred/disposed off without proper sale deed i.e. only on freehold basis and no transaction is legally allowed on leasehold basis.

Immovable properties which are allotted by DDA on lease and presently there is no basic infrastructure in respect of electricity, sewer, water, public tpt system, Police Security etc etc and one of such place is Rohini, Delhi where thousands of plots are allotted by DDA on leasehold basis but in absence of any such infrastructure nobody can even think of building the house on such plots and irony is that DDA gives 3-4 years to construct the house and thereafter the allotte has to take an extension for deferring of construction.

So, point one is that how without any infrastructure DDA can expect an allottee to construct a house there and why an allottee should pay the penalty for the inefficient system of DDA who gives only few years after allotment to construct a house but without any infrastructure nobody can even think of constructing anything there. So corruption in DDA to get an extension letter.

And all such plots allotted are on leasehold, and hence to get the property title to be converted to freehold the allottees/power of attorney holders have to show in DDA books that there is a building on the plot allotted by DDA and this is the point where corruption starts.

Firstly the allottee/power of attorney holder has to show in books of DDA that building is constructed on this plot and for which the allottee/power of attorney holder has to make construction and which in common parlance is called "DABBA' and then offi