Central Information Commission
Mr.Yatindra Nath Rai vs Mcd, Gnct Delhi on 8 June, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000904/12758
Appeal No. CIC/SG/A/2011/000904
Relevant facts emerging from the Appeal:
Appellant : Mr. Sandeep Khandewal
2223/66, Nal Wala, Karol Bagh,
New Delhi -110005
Respondent : Ms. Sunita Chandra
Public Information Officer & Dy. A&C,
Municipal Corporation Of Delhi,
House Tax Department, Karol Bagh,
Karol Bagh, New Delhi.
RTI application filed on : 03/01/2011
PIO replied to application on : 27/01/2011
First Appeal on filed on : 07/02/2011
First Appellate Authority order of : 05/03/2011
Second Appeal received on : 04/04/2011
No. Information Sought Reply of the PIO
1. How many buildings/flat in Karol Bagh come From past few years no assessment has been
under House tax? done therefore the number of property under
this department cannot be given but in year
2009-2010, tax has been deposited for 40881
properties.
2. How much property in Karol Bagh has been According to reply 1, the tax has to be deposited
assessed? Give complete information. by the tax payer of his property himself.
3. How much property in Karol Bagh has been According to the system it is not necessary to
assessed in last 10 years? Give complete decide the tax payable. The tax has to be paid
information. by tax payer himself. Information regarding the
last 10 years is not available in this form.
Information cannot be given in CD form.
4. Give the complete details of the property and the Same as above.
name of the debtor of the property which has
been assessed and order is given in the last 10
years. Give this information in CD.
5. Give the name and address of the owner and due Same as above.
money on the property which has been assessed
in last 10 years and order is passed. Give the
information in CD.
6. Whether the property tax department can take It's not punishable because its not done with
out the due money on the property already wrong intention and if it is done with wrong
assessed? Can the departmental enquiry held intention then there is provision for
against officer who does wrong assessment? departmental enquiry. The information
give the details about the property which has regarding such case is not available.
been wrongly assessed in the last 10 years?
Give the information in CD.
7. How much percent has been increased in the Copy enclosed. How the tax is determined can
house tax levied on hotel up to 2 star? Whether be seen from www.mcdproperlytax.in.
it comes in special non residential or non
residential category?
8. Whether lodge come under the special non As above.
residential or non residential category?
9. Whether the lodge and hotels upto 2 stars come Check the enclosed copy.
under special non residential or non residential
category? Give the copy of the circular issued
by MCD on 8/04/2010.
10. Give details regarding property for which notice Information cannot be given in CD.
has been issued and property tax is still due on Information regarding the taxpayers whose
it? Give name and address of the owner and amount is more than 5 lakhs till 31/03/2004 can
amount due on it. be seen in website www.mcdpropertytax.in.
information related to tax payer whose amount
due is less than 5 lakhs can be given after the
depositing of Rs. 60.
Grounds for the First Appeal:
Information provided is incorrect and incomplete.
Order of the First Appellate Authority (FAA):
Appellant is advised to visit the office of the APIO/AA&C today and peruse the documents and get the
remaining information if any. APIO is directed to show all the relevant papers and give the
information identified by the appellant. The appeal is disposed off.
Ground of the Second Appeal:
Information provided is incomplete.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Sandeep Khandewal;
Respondent: Ms. Sunita Chandra, Public Information Officer & Dy. A&C;
The PIO has provided information but is now directed to provide the following specific
information:
1- Number of assessment of property tax carried out in the last 10 years.
2- Number of rectification orders issued in the last 10 years.
3- Number of notices issued in the last one year under different sections.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as mentioned above to the
Appellant before 20 June 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
08 June 2011
(In any correspondence on this decision, mention the complete decision number. (DW))