RTI SDMC is not following the directions of the STF to remove encroachment
The Appellant sought Action Taken Report with corroborative photographs in respect of Delhi Development Authority (DDA) Special Task Force (STF) complaint 2020031440075. He said that the RTI Application pertains to the removal of illegal construction and encroachment on roof terrace by his neighbour. The STF was constituted by the Hon’ble Supreme Court for removing the unauthorized construction, and in this particular case no action has been taken by DDA despite many complaints over three to four years. The appellant claimed dereliction of duty on the part of the concerned STF officials, as they have chosen to hide and to provide misleading information. The PIO explained that the complaint was forwarded to the concerned official which is SDMC, who have further booked the said unauthorised construction for removing the said encroachment. He further stated that STF meetings are conducted in every 15 days and this particular matter was taken up after which they have also provided the Action Taken Report to the Appellant. He informed that they are only authorized to direct the SDMC and they are not responsible for removing the encroachment. The appellant replied that an undated ATR has been furnished to him many a times which is of no value. Moreover, the SDMC is not following the directions of the STF, and cannot get away with accountability as well as responsibility by stating that they had forwarded it to some other department. He raised the concern that if the SDMC is not implementing the directions of STF as per directives of the Hon’ble Supreme Court, some actions should be taken against them but no such initiative has been taken even by the STF, which indicates that they are working hand in glove. The CIC directed the CPIO to re-examine the RTI application and furnish correct and detailed information to the Appellant. Further, the CIC observed that unauthorized construction poses a grave threat to both individuals and communities. Therefore, the CIC advised the Principal Commissioner (Housing) DDA, to consider the case of the Appellant in the backdrop of the above facts and take corrective action, if required.
Comments
The RTI Act, 2005 has been used by many applicants to enforce the rule of law. If an authority is not taking action as prescribed under law, the Act may be used to force it to take required action.
Citation: Captain P. J. Ashish v. Delhi Development Authority, CIC/DDATY/A/2023/610212-UM; Date of Decision: 06.11.2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com
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