Central Information Commission Judgements

Smt.Krishna Gupta vs Mcd, Gnct Delhi on 27 September, 2011

Central Information Commission
Smt.Krishna Gupta vs Mcd, Gnct Delhi on 27 September, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                          Decision No. CIC/SG/A/2011/002064/14868
                                                                  Appeal No. CIC/SG/A/2011/002064

Relevant Facts

emerging from the Appeal

Appellant : Mr. Krishna Gupta
R-21B, Windsor Court, DLF City,
Phase-4, Gurgaon – 122009.

Ph. No. – 9811007089.

Respondent                            :              Mr. A. P. Jain
                                                     PIO & Dy. Assessor and Collector
                                                     Municipal Corporation of India,
                                                     Assessment and Collector Department
                                                     City Zone, MLUG Card Parking,
                                                     Aruna Asaf Ali Road, New Delhi

RTI application filed on              :      10/05/2011
PIO replied                           :      20/06/2011
First appeal filed on                 :      28/06/2011
First Appellate Authority order       :      20/07/2011
Second Appeal received on             :      26/07/2011

Information sought :- The Undersigned approaches you under Section 6 of the Right to Information
Act (RTI Act), 2005 seeking information as requested hereunder for property No. 92 & 94, Sunder
Nagar, New Delhi:-

1. The particular & address of the person (S) or firm(S) in whose name (S) the property stands as
on date.

2. The particulars & address of the person (S) or firm(S) in whose name (S) the property stood as
on 26.10.1978.

3. The transfer of title of the said property, if any, from 26.10.1978 onwards with dates of
transfers and particulars of transferees.

4. Has any application for the purpose of mutation or partition of the said property been filed by
any person since 26.10.1978. Particulars of the said application(S) / affidavits, if any, be given
& copy (ies) be supplied and the action taken thereon may please be intimated.

PIO response:-

In this connection, it is informed that as per assessment record, information of the aforesaid
property cannot be provided as there is no record available in this office and also no demand exists in
D&C register.

Grounds for the First Appeal:

Unsatisfactory information was given by the PIO.

Order of the First Appellate Authority (FAA):

Since no record in r/o property No. 92 & 94, Sunder Nagar, New Delhi is available with the
PIO/City Zone. Hence the present appeal is dismissed.

Grounds for the Second Appeal:

Unsatisfactory reply received by the Appellant and FAA has passed unsatisfactory order.
Relevant Facts emerging during Hearing:

The following were present
Appellant: Wg. Cdr(Retd) Mr. H. D. Talwani representing Mr. Krishna Gupta
Respondent: Mr. A. P. Jain, PIO & Dy. Assessor and Collector;

The Appellant had sought information about the names of the owners of property no. 92-94,
Sundar Nagar, New Delhi. The PIO has stated that no record is available of such a property. The
respondent states that this property was earlier in Central Zone and he claims that the records have not
been transferred in City Zone though the area has been transferred. The Appellant has produced before
the Commission a print out obtained from the website of MCD in which it is shown that the earlier
owner of Mr. Sham Nath. This also shows that subsequently the owners were Ashok Kumar and
Narender Nath. Thus the information is available on the website but the respondent claims this is not
on the records. The Commission directs Mr. Jagdeep Chillar, Joint Assessor and Collector & FAA to
inquire into this matter and ensure that the correct information is sent to the Appellant. The FAA is
also directed to send the copy of the mutation if any to the Appellant. If no mutation has been done
this should be informed and an explanation is provided how the owner’s name has been shown as
Ashok Kumar and Narender Kumar.

Decision:

The Appeal is allowed.

The Commission directs the First Appellate Authority Mr. Jagdeep Chillar to
inquire into this matter and ensure that the information as directed above is provided to
the Appellant before 30 October 2011.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
27 September 2011
(In any correspondence on this decision, mention the complete decision number.)(GS)

Copy to:

Mr. Jagdeep Chillar,
Joint Assessor and Collector & FAA
Municipal Corporation of India,
Assessment and Collector Department
City Zone, MLUG Card Parking,
Aruna Asaf Ali Road, New Delhi