1. DELHI DEVELOPMENT AUTHORITY

[ OFFICE OF COMMISSIONER (LD) ]

No.F.GH/DDA/RTI/05 March 6, 2006

To

Shri R.K. Sharma,

86, DDA Flats, Lado Sarai,

NEW DELHI-110 030.

Sub: Appeal under Sec.19 of the RTI Act 2005.

Sir,

By this order, the appeal petition of Shri R.K. Sharma, resident of Lado Sarai, New Delhi will be disposed off. Shri Sharma has sought information on the subject of procedure/formalities to be followed in DDA for transfer of properties in death cases in group housing societies in respect of blood relations where no Will is left behind.

With regard to the main contention of the appellant which is to the effect that NOC from the concerned group housing society should not be insisted upon for mutation within blood relation in cases where no Will is left. The matter has been enquired from the branch and it is ascertained that in the normal course, the following documents are sought in such mutation cases:-

  1. Affidavit.
  2. Indemnity Bond.
  3. Relinquishment Deed.
  4. Death Certificate in original.
  5. Proof of relationship viz. copy of ration card/passport, voter’s identity card etc. duly attested.
  6. NOC or redemption Deed, if the plot is mortgaged.
  7. One photo and three signatures of the mutatee duly attested by a class I Gazetted Officer.
  8. NOC from the society (in case of society plot only).
  9. Copy of ‘D’ form/completion certificate duly attested.

This list of documents is at page 1 of the mutation booklet, a priced publication of DDA. Even though the booklet mentions that NOC from the society is to be sought in case of society plots only, it appears as a matter of abundant caution and to prevent any cases of legal dispute between society and members. NOC from the society is being sought by the DDA. The appellant has mentioned that society sometimes harasses individuals in such cases and therefore, such NOC should not be mandatory.

Given that such a NOC has not been prescribed by DDA in the mutation booklet , it is felt that appellant is right to the extent that such a NOC from the society should need not be insisted upon in cases where mutation is within the blood relation.

The second main contention of the petitioner is regarding the number of such mutation cases done by the DDA in the above mentioned category between November, 2004 to 120.12.05. This information is buried in the individual files of DDA and it is not possible for the Branch to provide this information nor it does appear in the public interest to divert resources of the Authority to collect such information. Regarding the competence of the concerned officer, when it comes to cases of mutation within blood relation, it is clarified that the Dy. Director is the competent authority in such cases. Regarding the period prescribed in DDA Citizen’s charter for such mutation, the period prescribed is one month after submission of required documents. The number of such cases pending will be separately ascertained by the Branch and furnished by the PIO concerned to Shri Sharma within a period of one month. However, no list of such individual cases will be furnished to Shri Sharma since those relates to other private individuals whose details cannot be shared with Shri Sharma.

[ R.K. SINGH ]

COMMISSIONER(LD)

Copy to: OSD(RL)