STATE INFORMATION COMMISSIONER, HARYANA SCO 114-115, SECTOR 8-C, Chandigarh

SCN No.452 /17 in Case No.1970/17

Right to Information Act – under Section - 19

Relevant Facts emerging from the Appeal:

Name of the Appellant : Shri Giri Raj Gupta R/o 11, Laurus-B,

Vatika City, Sector-49, Gurugram-

122018.

Name of the Respondent : Shri Vijay Kumar, SPIO-D.T.P.(Hqr.) o/o

D.G. Town&Country Planning, Haryana,

Chandigarh.

Concerned Authority : The D.G. Town & Country Planning,

Haryana, Chandigarh.

RTI Application filed on : 3.11.2016

Ist Appeal decided on : No decision

2nd Appeal decided on : 6.4.2017

Show Cause Notice issued on : 24.4.2017

Reply to the Show Cause Notice : No reply

Date of Hearing of the Show Cause

Notice

: 29.9.2017

State Information Commissioner : Shri Samir Mathur

ORDER

This case had been fixed for hearing through video

conferencing. The Appellant is not present in the VC Room in Gurugram, however, he

was contacted through audio conferencing on his given Mobile No.09868280236. Shri

Vijay Kumar DTP Enforcement Panchkula [the then DTP- SPIO-Respondent Hqr. o/o

DGTCP Haryana Chandigarh] is present in the VC Room in Chandigarh.

2. The summary facts of the case is given in the table above.

3. It was noted at the outset that the SPIO had sent a communication to the

Commission in response to the Show Cause Notice issued in April,2017 on account of

delay and non provision of information to the appellant. The SPIO has mentioned that

the information asked for by the appellant was not available in the record of the public

authority and, therefore, the colonizer had been requested vide letter dated 24.8.2017 to

provide the necessary copy and other information connected with the Deed of

Declaration (DOD) registered on 30.11.2012. In fact, the bylaws relate to the setting up

and running of the RWA and the appellant is interested in this document which is a

necessary part of the DOD.

4. The Commission had given its orders on 6.4.2017 in this case noting that there

had been no response from the SPIO the RTI applicaton had been filed on 3.11.2016. In

other words a period of about 5 months has passed when the matter was taken up by

the Commission. On account of the delay a Show Cause Notice under section 20 (1) of

the RTI Act had been issued to the then SPIO and the notice was sent on 24.4.2017 to

SPIO-cum-DTP headquarter office of DGTCP Haryana.

5. There is no doubt that the SPIO may have made certain efforts to locate the

information. He has claimed that he even made effort to contact the concerned colonizer.

However, what is not acceptable is the long delay only to convey that the concerned

document is not available on record. The then SPIO who is present today, has clarified

that this document concerning the bylaws, forms an annexure to the DOD and should be

a part of the DOD documents which are submitted by the builder to the T&CP

Department. In other words, the T&CP Department has full access to the

doucmemnt/information which has been mentioned by the appellant. There can be no

excuse to explain why a missing document from a mandatory set o document/annexures

should not have been noticed and its absence has not been recognized. This information

had to be conveyed but despite clear orders of the Commission on 6.4.2017 and issue of

a Show Cause Notice still took more than 4 months to convey to the appellant.

6. The Commission is sorry to note that this only shows a casual and non serious

attitude towards the RTI Act which has been recognized to be an Act which protects the

democratic right of the citizens of this country and passed by the Parliament of India. No

SPIO or any other authority can be defiant and treat the implementation of this Act

causally. It is for this reason that strong penalty clauses have been included in the Act

and these, if justified have to be used for the sake of protection of this Act.

7. As far as the information itself is concerned, the Commission notes that the T&CP

Deparment has several powers to ensure that the licencee provides statutory

information as prescribed under the regulatory acts of the Government which govern

real estate, builders and protection of the consumer rights. It is learnt that the Real

Estate Regulatory Authority has also been set up to protect the right of the citizens. This

is also a case where a citizen has asked for information so that his rights under the law

can be enforced. There is no reason why a builder should be defying the authority if the

T&CP Department by not adding an essential document to his DOD. There is also no

reason why the department itself should simply not intervene and ensure that this

document is available to the department as required by law. The Commission expects

that both; the SPIO as well as the DGTCP shall take this to be an example vide which

eventhough the information required is routine/small, the defiance of the builder to the

laws of the land cannot be taken lightly.

8. In view of th above, the Commission after due consideration and discussion

through audio conferencing with the appellant and the SPIO in person, gives the

following directions :-

i) The Commission has dicussed in detail the background of the delay in

providing this information in paragraph above. The reply to the Show Cause

Notice has also been considered, the reply being dated 27.9.2017. The SPIO

concerned has given a background to the information asked and how such

information was the responsibility of the colonizer. Description has been given

that the document was to be filed as per provisions of Haryana Apartment

Ownership Act 1983. The basic information which had to be given to the appellant

was what was given by the SPIO vide his email dated 31.7.2017. In this email he

simpley stated that the information is not available on record and that the

colonizer is being requested to provide complete copy of DOD dated 30.11.2012

and the same will be provided after its receipt. The rest of the SPIOs reply

concerns the follow up with the colonizer after 31.1.2017. It was also brought to

the notice that on account of incomplete information imposition of penalty as per

policy be contemplated. However, the outcome of such contemplation has not

been stated. Even otherwise under the RTI Act simply the information as per

record had to be given which was given on 31.7.2017. This would have been given

much earlier and, therefore, the conclusion is inescapable that the delay has been

shown to have no reasonable ground. The Commission, therefore, invokes its

powers under section 20 (1) and levy a penalty of Rs.5000/- [five thousand] on the

SPIO concerned. This should be deposited by 30.11.2017 in the Govt. Treasury as

per Haryana Govt. Rules by the SPIO concrned.

ii) Regarding provision of information, the SPIO has already communicated

that the information will be provided to the appellant on its receipt. No specifid

date has been given which seems to indicate that the colonizer may take his own

time. This should not be allowed in the background of this case in which almost 10

months have passed since the filing of the RTI application. Therefore, the

Commission realizing the full situation, directs the SPIO that he should use the

powers which are available with the T&CP public authority and let the colonizer

provide the document concerned not later than 5.11.2017. The appellant has

brought to the notice that he had approached the CM Window in the same context

of obtaining the information regarding bylaws. The reply is awaited from the CM

window as well.

iii) The SPIO should, in case any final decision to deny the information, give a

speaking order under section 7 (2) of the RTI Act and in any case inform the

appellant by 30.11.2017 of the outcome.

9. With the above directions and observations, the case is decided.

Heard. Announced. To be communicated also.

Sd/- Place :Chandigarh (Samir Mathur) Dated 29.9.2017 State Information Commissioner, Haryana