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Decision No. CIC/SG/A/2009/000771/3492
Appeal No. CIC/SG/A/2009/000771
Relevant Facts
emerging from the Appeal
Appellant : Mr. Narendra Khanna
Flat No. 106, D-Block,
Devdoot Apartment,
Vikaspuri,
New Delhi
Respondent : Deputy Commissioner & PIO
Municipal Corporation Of Delhi,
West Zone, Rajouri Garden,
New Delhi.
RTI application filed on : 05/02/2007 PIO replied : 06/03/2007 First appeal filed on : Not Mentioned First Appellate Authority order : 05/03/2009 Second Appeal received on : 18/03/2009 Information sought: -
The appellant in his RTI application has sought following information.
i) The names of the inspector/officers incharge of assessing the house tax in
respect of properties located in D-Block, Vikaspuri (Budella Phase-I), New
Delhi in a chronological orders w.e.f. 1995 till date,.
ii) Rental value assessed in respect of flat no 47, dev doot apartments, D block,
Vikaspuri, New Delhi at the Ist stage. The names of the inspector who assessed
the value including the value assessed. Whether any revision was done
subsequently, if yes, the reason thereof.
iii) The rental value assessed during the period 1993 to 1995 including the floor
area in respect of the properties located in this area i.e. D-Block, Vikaspuri,
New Delhi as per below:
a) Krishi Apartment
b) Evershine Apartment
c) Surya Kiran Apartment
d) Parmarth Apartment
e) Gulmohar Apartment
f) Lokvihar Apartment
g) Nightingle Apartment
iv) The principle adopted while deciding the rental value
v) The rental value assessed in respect of each flat of D-Block, Devdoot Aprtment,
Vikaspuri, New Delhi including the floor area.
vi) Any representation received from the owner of flat no 106 was received and if
yes, whether any reply was sent.
vii) No of letters received from the owner of the flat no 106 and the details of reply
sent, if any.
viii) Whether saving bank account of the owner of flat no 106, D-Block, Devdoot
Apartment, Vikaspuri, New Delhi was attached by the MCD without intimating
the owner. If yes, what was the balance payment due to MCD. How many bank
accounts attached by MCD on account of non-payment during by that period by
Asstt. Controller, West Zone may please be intimated along with the amount
due. The number of defaulters along with the names and addresses whose
payment were outstanding may please be intimated. Whether all the owners
who were defaulters, there accounts were attached or this was a pick and choose
policy by the concerned officer.
ix) The attachment orders issued by the MCD in respect of owner of flat no 106, D-
Block, Vikaspuri, Dev Doot Apartment, New Delhi were withdrawn, if yes,
when, why and by whom?
x) Why the notice of the balance payment was sent on 27th of January 2005 when
there was nothing due to the Corporation and all the payments were released by
the owner and the attachment orders were withdrawn.
xi) Any communication in respect of notice dated 27th of January 2005 was
received from owner on 2nd Feb. 2005. If yes, whether any reply was sent.
xii) After two years on 24th January 2007, another notice has been ssent for
depositing the outstanding payment. If yes, how the amount had been
workedout?
xiii) The complete details of the house tax of flat no 106 payable to the MCD from
the date of taking over the possession from the DDA till date and the house tax
received by the MCD and the balance if any may please be intimated.
The PIO’s Reply:
The PIO replied to the appellant vide letter no DC/WZ/2006/D1746 dt 06.03.2007
which enclosed a letter consisting reply of the queries of the appellant.
The First Appellant Authority’s Order:
The First Appellant Authority ordered, “From the record, It is evident that the tax payer had
been paying property tax on his own accord/self calculations and thereby making short
payment of the property tax from 01.04.1993 onwards and for that matter the department
had to enforce coercive measures for recovering the same and that therefore the account of
the applicant had to be attached as per this office warrant of distress vide no
Tax/AA&C/®/SAU/BA/2294 dt. 30.12.2002 (u/s 156 (i) of the DMC Act, 1957) witb a
copy of the same to Sh. Narinder Khanna, 106, D-Block, Devdoot Apartment, Vikaspuri,
New Delhi.
It is pertinent to mention here that the assessee Sh. Narender Kumar has paid the
arrears of property tax as on 31.03.2004 vide receipt No. 24009 dt. 31.01.2004 except Rs.
3940/- being penalty amount imposed due to dishonour of cheque. At present, this is the
only dues pending against this property of the complainant as on 31.03.2004.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Narendra Khanna
Respondent: Mr. Sunil Taheen, APIO and Mr. Vijay Sharma
The appellant is willing to inspect the files of the 7 colonies and it appears he would be
able to get the information that he seeks, since the PIO states that they do not maintain the
information in the form the appellant is seeking.
Decision:
The appeal is allowed.
The PIO will facilitate an inspection of the records on 4 June 2009 at
11.00AM. The appellant will be given certified photocopies of the records that
he wants except copies of title documents.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
29 May 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(GJ)