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के (cid:574)ीय सूचना आयोग Central Information Commission

बाबा गंगनाथ माग(cid:330), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:671)ी, New Delhi – 110067

File No: CIC/DDATY/A/2025/614228

SKT Sherman ….अपीलकता(cid:330) /Appellant

VERSUS बनाम

The CPIO ….(cid:366)ितवादीगण /Respondent Asst. Director (Building), Dy. Director (RTI)/Nodal CPIO,

Delhi Development Authority, RTI Cell, C-Block, 3rd Floor, C-1/211, 2nd Floor, Vikas Sadan, Vikas Sadan, INA, New Delhi-110023

INA, New Delhi - 110023

Date of Hearing : 27.07.2026 Date of Decision : 31.07.2026

INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL Relevant facts emerging from Second Appeal:

RTI application filed on : 09.07.2024 CPIO replied on : 09.08.2024 First appeal filed on : 04.09.2024 First Appellate Authority’s : 24.09.2024

order

Second Appeal dated : 26.03.2025

Information sought:

1. The Appellant filed an RTI application on 09.07.2024 seeking the following information :

“I, S.K.T. Sherman, a Citizen of India, resident of Flat No. B-54, Sri Ram C.G.H.S. Ltd., Plot No.32, Sector-4, Dwarka, New Delhi 110078 (Original

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Member) would like to request the following information under RTI Act

2005.

Details of payment of filing fees: Online Payment

1) As per Section 2 (f) read with section 6 of the RTI Act 2005, kindly provide the applicant the certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which PIO and FAA both are asking the applicant to inspect the records when no inspection is requested by the applicant in violation of Hon'ble CIC Decision in the matter of Shri Manpreet Singh vs Chandigarh housing board (CIC/LS/C/2009/000550)

dated 20/01/2010 the Hon'ble CIC has stated "Before parting with the matter, the Commission would also place on the record the fact that the calling the complainant to the Housing Board office for collecting information and thereafter telephonically asking the purpose for seeking the information, is not in confirmity with law and

this practice needs to be eschewed in future".

Here it is pertinent to mention that RTI act has no section as per which PIO or FAA can force/impose an inspection of records to an applicant for

gathering of information requested.

2) As per Section 2 (f) read with section 6 of the RTI Act 2005, kindly provide the applicant the certified copies of all records of file notings, daily correspondence and daily progress reports as per which so far, No Demolition order has been issued for removal of unauthorized construction in the Flat No. B-46, B-50 and B-58 of Sri Ram CGHS Ltd. Plot

No. 32, Sector-4, Dwarka, New Delhi-110078.

Here it is pertinent to mention has per the reply submitted by the PIO, DDA in the matter CIC/DDATY/C/2023/148629. The Show cause notice

has already been issued to the above flat owners.

3) Kindly provide to the applicant all the reasons u/s 4(1) (d) read with section 6 of the RTI Act, certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which the demolition order are not issued to the Engineering Department with respect to the illegal/unauthorized construction in above mentioned flats since the unauthorized construction is still there and not removed rather Society has allowed Flat No. A-11, A-15, A-21, B-6, B-19, B-23, B-24,B-26, B-28, B-40, B-45 to erect / extend similar construction due to lack of timely action from DDA

.

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4) As per Section 2 (f) read with section 6 of the RTI Act 2005, kindly provide the applicant certified copies of all records of the reasons and the complete text with a complete reference to specific rules applicable to your public authority as per which the DDA cant initiate action/ inspection/inquiry against the owners of Flat No. A-11, A-15, A-21, B-6, B-19, B-23, B-24,B-26, B-28, B-40, B-45 for their