Central Information Commission
Kumar Ambwani vs Mcd on 15 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/MCDND/A/2024/121651
Kumar Ambwani .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Assessment & Collection Department,
Municipal Corporation of Delhi, Karol
Bagh Zone, Nigam Bhawan, D.B. Gupta Road,
Anand Parbat, New Delhi - 110005 ....प्रनर्वािीगण /Respondent
Date of Hearing : 03.10.2024
Date of Decision : 14.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 09.02.2024
CPIO replied on : 28.02.2024
First appeal filed on : 08.04.2024
First Appellate Authority's order : 29.05.2024
2nd Appeal/Complaint dated : 08.07.2024
Information sought:
The Appellant filed an RTI application dated 09.02.2024 seeking the following information:
Page 1 of 5
"1 (a) C-99-100 Ramesh Nagar an Ancestral Property, Still owner is our father Late. Sh Sachanand Abwani for payment of Property Tax (Yes or No)
(b) In case yes, then still father Late. Sh Sachanand Abwani is continuing to be shown as the owner for "Payment of Property Tax".
2 Is it true that now as per MCD record, Sh. Parshotam Kumar Ambwani, shown as Type of ownership - Single owner Yes or No, Share 100% Yes or No occupants- Descendants Yes or No then furnished the certified copy of property tax by him for all the years.
3 If yes, what are the basis for above Sl No. (2) a, b
(a) applied for Mutation application for Mutation Yes or No
(b) if yes, please supply certified copy of the same i.e. will or succession certificate
(c) also supply certified copy of will or succession certificate.
4 (a) Was late Kishin Ambwani also shown owner at any time for above property for payment of property tax Yes or No
(b) If yes, then on what grounds he was owner. Provide the 'Certified copy of the same (Application for Mutation & will /Succession certificate)
(c) Has any other person shown also as the Property owner of above at the same time or any other for the payment of property tax.
5 (a) Name of the person/s, who have filed Self Assessment form for payment of property tax for which year/s. (Yes/No)
(b)If yes, then kindly supply the 'Certified Copy' of self assessment form of property tax for the first year for the first time.
(c)Also 'Certified Copy' of Self Assessment form for the last year also.
6 (a) Name of the person Who is shown in 'Column' "Property owner Details" The Name of the property owner respectively in above i.e. 5(a, b & c)
(b)In case, Name is 'Parshotam Kumar Ambwani', then kindly supply 'Certified Copy of Self Assessment form for property tax & that too from which year on words, he is filing the form and for all years from the beginning (first year) & latest year and for ..........years, self Assessment for may be supplied.
(c) Please supply 'Certified Copy' of Self Assessment property tax form for all the years from first year to last year for all the persons Page 2 of 5 7 Importantly, I will like to inspect all up to date record/files date & time for inspection may be intimated."
The CPIO furnished a point-wise reply to the Appellant on 28.02.2024 stating as under:
"Please find enclosed herewith the IPO. No. 18G 313728 (In original) as it is pay to Public Information Officer, MCD, Assessment & Collector Department instead of Commissioner, MCD and amount of Rs. 10/ instead of Rs. 20/- as prescribed RTI fees. You are, therefore, requested to provide new IPO in favour of Commissioner, MCD and amount of Rs. 10/- for further necessary action."
Being dissatisfied, the appellant filed a First Appeal dated 08.04.2024. The FAA vide its order dated 29.05.2024, held as under:
"1(a)As per UAM (Self Assessment) from 2004-05, anyone can pay property tax.
(b)As above 2 As above 3 No 4 No 5 Copy enclosed 6 As above 7 Information does not cover under RTI Act, 2005."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.Page 3 of 5
Respondent: Shri Jagdish Kumar, PIO-cum-Assistant Assessor & Collector and Shri Jayant Kumar, JSA, attended the hearing in person.
The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application.
The Respondent submitted that the Appellant has filed another RTI Application, and their office has provided opportunity of inspection of the relevant records, in lieu of which the Appellant has visited thrice in their office and has already obtained the relevant records containing 25 pages. He apprised the bench that a similar case has also been heard on 15.04.2024, by this bench of the Hon'ble Commission in Second Appeal No. CIC/DDATY/A/2023/136691, decided on 19.04.2024. He further reiterated the contents of his written submission dated 27.09.2024.
A written submission has been received from PIO-cum-Assistant Assessor & Collector, vide letter dated 27.09.2024, wherein the Commission has been apprised as under:
"With reference to the above said appeal filed by Sh.Kumar Ambwani, Appellant in respect of the RTI application dated 09.02.2024 along with the wrong IPO in favour of PIO/MCD Assessment & Collection Department instead of Commissioner, MCD, accordingly same was return in original and after that RTI fees was received on 01.05.2024. The facts in the Appeal matter are as under:-
1. RTI fees received on 1.5.2024 and First Appeal was received on 12.04.2024.
2. Due to this reply was under process.
3. Hearing of first appeal was fixed 3.5.2024, during the course of hearing First Appellate Authority/Jt. A&C/KBZ has directed PIO to send the point wise reply to appellant within 10 days.
4. Order of the First Appeal had also been passed by the FAA/Jt. A&C/KBZ vide No. Tax/Jt. A&C/KBZ/2024-25/D-188 dated 27.05.2024 (Copy enclosed)
5. Reply of RTI application is enclosed herewith for your kind perusal that the information sought by the appellant are in the shape of "Yes or No" and also sought the certified copy of the will and succession certificate, same is not available in the record.
6. It is pertinent to mention here that Municipal Corporation of Delhi (A&C Deptt.) introduced Unit Area Method w.e.f. 01.04.2004 wherein anybody can pay property tax on the self-assessment basis (Online/PTR).
7. In the last para of the RTI application, appellant has sought the time for inspection the record/files. In this regard, it is informed that Appellant had filed a RTI application on 14.06.2018 and sought date and time for inspection the assessment record on Page 4 of 5 19.07.2018 after inspection the record he obtained 25 papers after deposited requisite fees Rs. 50/- vide G-8 No. 4165 dated 19.7.2018 as per RTI Act, 2005.
8. As per available record, mutation is not applied.
9. Payment detail is available online on mcd.online.nic.in"
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that a suitable reply in terms of RTI Act has been given to the Appellant even though the queries raised in the instant RTI Application are clarificatory in nature. The written submission dated 27.09.2024 filed by the Respondent is comprehensive and self-explanatory but a copy of the same has not been sent to the Appellant and accordingly the PIO is directed to send a copy of the same to the Appellant, within two weeks of receipt of this order. No further action is required in the instant matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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