CIC, DELHI DEVELOPMENT AUTHORITY AND RTI ACT

M K Gupta
RTI Consultant


There is a feeling among most of the members of this Forum and others that the Central Information Commission is soft towards the Delhi Development Authority. Before forming any opinion on the same, I reproduce some decisions of the CIC on DDA.

2 There have been contradictory decisions wherein one Information Commissioner dismissed the appeal and the other Commissioner allowed the same. The appeal No. CIC/SG/A/2008/00045 of Mr. Rakesh Kumar Gupta against the DDA was dismissed on 27.2.2009 by the Information Commissioner, Mr. M. L. Sharma. DDA pleaded that the Appellant had sought inspection of files relating to third party, having alleged business motive of the appellant behind the entire exercise. (Decision No. CIC/SG/A/2008/00045/SG/4469). The case was allowed by Information Commissioner Mr. Shailash Gandhi on 18.8.09 citing Sections 3 and 6 (2) of the RTI Act. Sec. 3 state that all citizens shall have the right to information while according to sec. 6 (2) the applicant shall not be required to give any reason for requesting the information. Mr. Gandhi further stated in his decision that the Parliament was very clear in its thinking that since right to information is the fundamental right of citizens and citizens own the information, no reasons need to be given for accessing the information. In fact, the Parliament expected that Public Authorities to put up most of the information into public domain suo moto as mandated under Section 4. (CIC/SG/A/2008/00045).

3. In a case against the DDA V/s. M.K Gupta, Mr. M. L. Sharma mentioned in the decision that “The complainant did not appear before the Commission” despite the fact that he was present. Later, on representation by the Complainant, Assistant Registrar, Mr. K. L. Das, informed, “it has been wrongly mentioned in the order passed by the Commission that you did not appear before the Commission. The Commission regrets the clerical error. (Case No. CIC/LS/C/2009/00230).

4. In the case of Mujibur Rehman V/s. Delhi High Court (W.P.) (C) No. 3845/2007) delivered on 28th April, 09, Justice S. Ravinder Bhat observed that “primary discretion in such cases is with the statutory Tribunal. (CIC). At the same time, once it is established that the Tribunal, for no apparent reason, either exceeded its jurisdiction or failed to exercise jurisdiction lawfully vested in it, the High Court would be justified in interfering with its orders.

5. The Commission in many cases has failed to exercise its jurisdiction lawfully vested in it is evident from the fact that in Section 20 (1) and 20 (2) of the Act, it is empowered to impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees.” Failure to exercise jurisdiction lawfully vested in it is the main cause of increasing complaints and appeals in the Commission.

6. In the case of Shri Gyanender V/s. DDA (CIC/LS/a/2009/000690), Mr. M. L. Sharma, IC ruled that since information has been supplied therefore, the application is dismissed. In the absence of knowledge whether the Appellant has prayed for imposing the penalty or not, one cannot question the decision of not imposing any penalty by the Commission. However, the Commission can caution the DDA that the delay in supply of the information has been viewed adversely, as has been done in some other cases including in the case of Shri Virender Kumar Jain. (Case No. CIC/LS/A/2009/000373).

7. Such soft decisions as has been taken in the aforesaid case of Mr. Gyanender have emboldened the DDA to refrain from furnishing information at the first instance and within the time stipulated in the Act and to resort to the practice provide information during the course of hearing. Only few percent applicants are able to go to the stage of CIC.

8. It is a positive development that the Division Bench of the Commission Mr. Comprising Mr. Wajahat Habibullah Chief IC and Mr. M. L. Sharma IC, on 22.9.09 has constituted a Committee for an inquiry in to the servicing of RTI Act by all the Wings and Sections of DDA.

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