Central Information Commission
Mr. Ramesh Kumar vs Municipal Corporation Of Delhi on 9 April, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2010/000457/7423
Appeal No. CIC/SG/A/2010/000457
Appellant : Mr. Ramesh Kumar
B-18/A Sanwal Nagar,
New Delhi-110049.
Respondent : Mr. K. C. Kwatra
Public Information Officer & Assistant
Assessor and Collector
Municipal Corporation of Delhi
Assessment and collection Department
Central Zone, Lajpat Nagar,
New Delhi-
RTI application filed on : 15/10/2009
PIO replied : 13/11/2009
First Appeal filed on : 15/12/2009
First Appellate Authority order : 08/01/2010
Second Appeal Received on : 18/02/2010
Notice of Hearing Sent on : 12/03/2010
Hearing Held on : 09/04/2010
Sr. Information sought PIO's reply
1. Before the coming into force of DMC No record in respect of assessment of said
(Amendment) Act. 2003, whether the properties is available, for the period prior to
properties No. B-17 and B-18 Sanwal Nagar, the coming into force of DMC
New Delhi-110049 were exempted from (Amendment)Act, 2003.
property tax under any law at that time? If
yes, furnish details.
2. Before the implementation of said Act, Yes. The above mentioned properties were
whether the above mentioned properties also covered under the DMC Act for
were covered under Delhi Municipal assessment of property tax.
Corporation Act for Assessment of Property
Tax?
3. If reply of para no. 2 above is yes, furnish No information can be supplied in view of
the details of property tax which were paid reply at point no. 1 above.
by the occupiers/owner.
4. If reply of para no. 2 above is no, what For recovery of Govt. revenue, notices has
action is being/ have been taken against the been issued to the said properties under
occupiers/owners for the recovery of Govt. section 123 AB and 123D of the DMC
revenue. (Amendment) Act, 2003.
5. Is it mandatory under DMC Act 1957 to Yes.
deposit property tax in respect of said
property before implementation of said Act?
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6. Whether any house tax was/is pending in the No information can be supplied for the period
above said properties? prior to 01/04/2004 in view of reply at point
no. 1. As regards house tax pending after
01/04/2004, it is informed that payment of
property tax on self assessment basis under
Unit Area Method was introduced w.e.f.
01/04/2004 and the onus of making payment
vests with the tax payer. As per record
available, one Smt. Shanti Devi has deposited
property tax for the year 2004-05, 2006-07 to
2009-10.
7. Whether MCD, Property Tax Department is Yes. The department is empowered to take
empowered to take suo-moto action for the suo-moto action under section 156 and 156A
recovery of property tax. If yes, give details of the DMC (Amendment) Act, 2003. Notices
of the Act and also intimate the action taken has been issued under section 123 AB and 123
report in respect of above said properties. D to the said properties. However, as per
record available, one Smt. Shanti Devi has
deposited property tax for the year 2004-05,
2006-07 to 2009-10.
8. Appellant had been intimated that notices u/s The copies of the notices can be supplied on
123A & B of DMC Act were issued in payment of Rs. 8/- (@ Rs. 2/- per page), for
respect of said properties. Copy of the said which he may contact Sh. M.C. Jha, Dy.
notices may kindly be provided. Assessor & Collector/APIO/Central zone,
Room No. 10, Ground floor at the above cited
address (Tel. No. 29844791, Mob,
9717750217), along with proof of payment
and identity.
9. If properties in question were covered for the Yes. In case a notice u/s 126 of the DMC Act,
purpose of assessment of property tax before 1957 has been issued in respect of the
implementation of said Act. Can MCD properties under reference.
recover the arrear of property tax i.e. Govt.
revenue from the occupier of said properties?
If yes under which provision?
10. Is MCD applying the provision under which No information can be supplied in view of
the said property is covered for claiming the reply at point no. 1 above.
arrear of property tax? If no why, if yes,
action taken report may be provided.
Grounds for First Appeal:
Vague reply received from the PIO.
Order of the First Appellate Authority:
"The Appellant has stated that though photocopies of the requisite documents have been
provided to him but the same have not been provided as 'certified copies'. APIO stated that as
there is o provision of providing certified copies of documents under the RTI Act, 2005,
photocopies are provided stamped as 'Issued under RTI Act, 2005' to authenticate the same. I
am in consonance with the views of the APIO. The Appellant may contact the Office of the PIO
to get the photocopies stamped, if the same are not so provided."
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Grounds for Second Appeal:
Appellant has received the vague reply dt. 08/01/2010 and not received the certified copy of
documents.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Ramesh Kumar;
Respondent: Mr. K. C. Kwatra, PIO & Assistant Assessor and Collector;
The PIO has supplied the information but is now directed to provide the following
information:
1- With regard to query-3 ‘NO’ property tax has been paid by the owner/occupier.
The PIO is also directed to give copies of the receipts of property tax paid against this property.
Decision:
The appeal is allowed.
The PIO is directed to give the information mentioned above to the
Appellant before 20 April 2010.
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
09 April 2010
(In any correspondence on this decision, mention the complete decision number.)(AK)
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