The appellant has requested the information and record related to“ Fortune Residency” amulti-story building situated at Street 26, NPF E 11/4, Islamabad. The appellant is desirous to know as to whether the Capital Development Authority granted NOC, whether the Capital Development Authority approved the lay-out plan and any objections rose on the lay-out plan of the Project and other information incidental thereto. The appellant is also interested in knowing the bribe being paid by the owners of the building to the CDA staff for extending favours.
While dealing with the matters related to information and record sought by the citizens under the Act of 2017, the public bodies are under obligation to respond the applications as mandated in the Act. In the case in hand the respondent has not acknowledged the application, information is not provided to the applicant in the stipulated time frame and the notices of the Commission are ignored. The reply is not submitted and the hearing before the Commission was not represented by the public body despite the serving of the notice. It is presumed that the respondent public body is wilfully avoiding the proceedings before the Commission and that the public body has nothing in the sleeves to submit in the defence. In such like circumstances the Commission is left with no option but to decide the appeal ex parte after going through the file in light of the Act.
The appeal is allowed. The Chairman, Capital Development Authority is directed to provide the appellant information and record concerned with the grant of NOC, approval of layout plan and any inquiry against the bribe pertaining to “Fortune Residency” situated at Street 26, NPF E 11/4, Islamabad, forthwith but in any case not later than seven days of the receipt of this order.