Central Information Commission
Mr.Smt. Sneh Lata Gupta vs Mcd, Gnct Delhi on 20 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002808/16462
Appeal No. CIC/SG/A/2011/002808
Relevant Facts emerging from the Appeal
Appellant : Smt. Sneh Lata Gupta
B-255, Yojna Vihar,
Delhi - 110092.
Respondent : Mr. Mahipal Singh
Public Information Officer & Dy. A&C Municipal Corporation of Delhi, Assessment and Collection Department Shahdara (South) Zone, Karkardooma, Delhi.
RTI application filed on : 18-05-2011 PIO replied : 20-06-2011 First appeal filed on : 27-06-2011 First Appellate Authority order : Not received. Second Appeal received on : 18-09-2011 Information Sought:
Flat No.205, Plot No.5, (called Aditya Tower), Laxmi Nagar District Commercial Complex - re:
Property Tax.
1. I purchased Flat No.205, built on Plot No.5, (called Adity Tower, Laxmi Nagar District Commercial Complex, Delhi - 110092, jointly with my sons, Varun Gupta & Tarun Gupta, directly from the builder. The builder handed over the possession of the flat to us on 16.11.2000. Since then we have been paying the property tax regularly first on the basis on the RV and thereafter (with the introduction of UNIT AREA) on UA basis. At the time of mutation the Corporation did not intimate any demand pending against the flat i.e. property tax.
2. I would, therefore, like to know, in view of the above, from which date I am required to pay the property tax? If the state is other than the possession date, then the provision under which I am required to pay?
Reply of the Public Information Officer (PIO):
1. The property tax is payable w.e.f. 27.04.1992.
2. U/S 129 of the DMC Act, the property Tax is leviable/payable from the date of completion or occupation whichever is earlier.
Grounds for the First Appeal:
Unsatisfactory information was provided.
Order of the First Appellate Authority (FAA):
Not mentioned.
Grounds for the Second Appeal:
Unsatisfactory information was provided to the appellant by the PIO. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. R. C. Gupta representing Smt. Sneh Lata Gupta; Respondent: Mr. Mahipal Singh, Public Information Officer & Dy. A&C;
The PIO has given information available as per records. The Appellant would like to inspect relevant records regarding mutation of the said property on 28 December 2011 from 10.30AM onwards at the office of the A&C Department, Geeta Colony, Shahdara South Zone, New Delhi.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 28 December 2011 from 10.30AM onwards at the office of the A&C Department, Geeta Colony, Shahdara South Zone, New Delhi. In case there are any records or file which the appellant believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such files/records do not exist.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 28 December 2011 from 10.30AM onwards. The PIO will give attested photocopies of records which the Appellant wants free of cost upto 100 pages.
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 20 December 2011 (In any correspondence on this decision, mention the complete decision number.)(PRE)