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Decision No. CIC/SG/A/2009/000160/3083
Appeal No. CIC/SG/A/2009/000160
Relevant facts emerging from the Appeal:
Appellant : Mr.Shyam Budhiraja,
5/18, W.E.A., Karol Bagh,
New Delhi-110005.
Respondent : PIO,
Municipal Corporation of Delhi,
Office of the Executive Engineer (Bldg.),
Karol Bagh Zone, Nigam Bhawan, D.B. Gupta Rd.
Anand Parbat, New Delhi-110005.
RTI application filed on : 20/08/2008 APIO : 11/09/2008 First Appeal filed on : 25/09/2008 First Appellate Authority order : 31/10/2008 Second Appeal filed on : 27/01/2009
The appellant had asked in RTI application for payment of Conversion Charges
with regard to properties located on streets/roads in WEA not notified/identified as
Commercial Streets, Mixed used streets and Pedestrian Shopping Street in MPD-2021.
Detail of required information:-
1. What is the justification for such payments, apparently it is not legitimate to issue trade
licenses in such cases.
2. What would be the status of aforesaid cased where conversion charges have paid? Would
the amounts of payments be refunded or forfeited.
3. it is not useless and confusing to receive conversion charges with regard to cases not
pertaining to these three categories?
4. There may be case(s) where person(s) deposit conversion charges on falls statement that
their property fall under any of these categories. Please let us have details of each case.
PIO replied.
It is informed that W.E.A. falls under Special Area. A photocopy of the relevant extract
of Public Notice appeared in ‘Hindustan Times’, New Delhi, dated 29th March 2008, which inter
alia, contains information governing the registration, conversion charges and parking charges in
special areas, had been provided to the appellant.
First Appellate Authority Ordered:
“The appellant has received the reply form PIO but he is not satisfied with the reply. PIO
clarified that he had replied the RTI application according to the information available with him.
Appellant is seeking information on refund of conversion/parking charges, which has been
deposited by the various land owner/tenants which are not covered under the MPD-2021. PIO
clarified that since it is a policy matter, the decision is not with him. The appellant is still not
satisfied with the reply; he has the liberty to go to the CIC as per provisions of the RTI Act to
further relief. ”
Relevant facts emerging during hearing:
The following were present.
Appellant: Mr.Shyam Budhiraja
Respondent: Mr. Manoj Verma on behalf of Mr. N.K. Gupta PIO
The appellant shows a letter 347/CE VIII/ PIOof 27/8/2008 issued by AE building in which is
mentioned, ‘As far as Building HQ is concerned no instruction has so far been issued to charge
conversion charges from property owners whose properties are not falling under three categories
in case of Special area as defined in the Master plan.’
The PIO is directed to get the information from SE, Building HQ and give it to the appellant.
Decision:
The Appeal is allowed.
The PIO will get the information from SE Building HQ and give it to the appellant before 25
May 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
5 May 2009
(In any case correspondence on this decision, mention the complete decision number.)
(BK)