Central Information Commission
Mr.Rahul Gupta 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/2011/000905/12756
Appeal No. CIC/SG/A/2011/000905
Relevant facts emerging from the Appeal:
Appellant : Mr. Rahul Gupta,
158- Munirka Vihar,
New Delhi -- 110067
Respondent (1) : Dr. B. K. Hazarika
PIO & Dy. Health Officer (Central Zone)
Municipal Corporation of Delhi
Lajpat Nagar Office, Near Jal Sadan,
Lajpat Nagar, New Delhi --110024.
(2) Mr. Anil Agnihotri
PIO & Dy. Assessor Collector,
Municipal Corporation of Delhi
Property Tax Building,
Lajpat Nagar (Ring Road),
New Delhi -110024
(3) Mr. Sanjay Yadav
Deemed PIO & EE(Bldg)-HQ,
Municipal Corporation of Delhi
8th Floor, Dr. SPM Civic Center,
New Delhi
RTI application filed on : 05/01/2011
Public health Department PIO
replied to application on : 27/01/2011
SE & PIO replied on : 02/02/2011
Assessment & collector dept. PIO
Replied on : 04/02/2011
Building Dept. replied on : 08/02/2011
DDA PIO replied on : 10/03/2011
First Appeal on filed on : 07.02.2011.
First Appellate Authority order of : 15.02.2011
Second Appeal received on : 04.04.2011
Information soughtby appellant:
1. Has MCD sanctioned the building plans of this Hotel Plot?
a) If Yes, please provide the copy of the initial application as revised? Amended applications (if any) made by the owner of this Hotel plot and permit me to inspect the related file(s).
2. Provide complete details of "originally permitted' FAR, percentage of ground coverage, numbers of floors including nos. of basement and total nos. of Hotel Rooms.
3. Provide complete details of "increased (if any)" FAR, percentage of round coverage, nos. of floors including the nos. of basements, nos. of Hotel Rooms. Also provide the grounds of such increase in FAR.
Page 1 of 44. What was the original and or changed and or amended? Extended" e limit" to complete this Hotel project? According to the original and! or changed amend terms & conditions or perpetrated and otherwise, was this hotel to be completed before the art of the Commonwealth Games (CWG) --2010? Please provide complete details thereof.
5. Please provide exhaustive details including the date of applying for building completion certificate, objection of the concerning department(s) of MCD and the date of issuance of any or all such completion certificate(s) and copies thereof. Please per it me the inspection of related files documents.
6. Has this Hotel project, already been completed on "scheduled date and or as per the new commitment (if any) was "fully functional" up to the start of Commonwealth games (CWG) - 2010"? Please permit me the inspection of related files documents.
a) If not, please provide? Give detailed reasons (already communicated to MCD, requesting for more time and otherwise)? Please permit the inspection of related files documents.
a-i) If not what will be the penalty?
a-2) If not, would the increased FAR (if any) be rolled back and already constructed structure (due to increase in FAR for making the Hotel fully functional before start of CWG-2010) demolished by MCD?
7. At any point 'of time, if there is? Was any violation of Terms & Condi ns of sanctioned Building Plans or new commitment or obligation by the Hotel plot owner, as the appropriate action already been initiated by MCD? Please provide complete detail(s) of such violation, initiated action and permit me the inspection of related files documents.
8. Has MCD also issued 'any other type of Certificate License to run the Hotel? If yes, please Provide complete details and permit me to inspect the related file(s) document(s).
9. Besides MCD, which other department(s) of NCT of Delhi or Govt. of India also involve in issuing the 'Completion Certificate' including "No Objection Certificate (NOC)"
for operating this hotel. Please provide complete details of such department(s) and their involvement for specific purposes.
10. If this "Hotel plot" has already exchanged the hands i.e. has already been sold/transferred by the original successful bidder/ allottee to intermediate owner(s) and/or to current occupier/leasee/owner. Please provide the complete details of such "exchange/transfer.
a) If so, has MCD already collected "Mutation amount" or other levies? Please provide complete details including the details of payments received by MCI.
11. Has the owner(s) of this Hotel plot" already paid, all dues and/ or demands of MCD and/or up to date due "House Tax" etc, to MCD?
a) If yes, please give exhaustive details of such demand raised and already paid by the "owner of the Hotel plot".
b) If No, complete known as well as probable reasons/ facts and already initiated action by concerning MCD department(s) for recovery of such pending dues.
c) Has any relaxation, of extending the dead line for making such dues & MCD demands, been given in past? If yes, please provide complete details and reasons thereof.
d) Has already raised legitimate dues & demands, been reduced and/or abandoned any time in past? If yes, please provide complete details and reasons. Permit the inspection of related documents files.
12. If this RTI application is being transferred u/s 6(3) of RTI Act to any other agencies of MCD/GNCTD/Govt. of India, please provide complete details of such transfers including designation & postal addresses thereof.
Reply by PIO:
Reply by Public Health Department(27/01/2011):
1. Does not relate to Public Health Department Central Zone as per record DDA has sanctioned the building plan.
2. to 7. Does not relate to Public Health Department Central Zone.Page 2 of 4
8. Yes, MCD Health Department had issued provisional H.T.L under provisional policy approved by the competent authority and the applicant can contact the Phone No. 29819445 in any, working day to see the documents.
9. Beside MCD, the following Departments had issued the NOC a. Delhi Fire Service b. Airports Authority or India.
c. D.C.P_Licensing.
10. As per record the successful bidder /allottee was M/s Tridev Technobuild Pvt.
Ltd. which was changed as M/s Today Hotel New Delhi Pvt. Ltd. vide corporate Identity number:-U4520l DL2005PTC 142793.
11. As per record the house Tax is paid 2006 to 2010 vide C8 No. 42422 dt. 31.12.2009 at Central Zone MCD.
12. The RTI may be transferred to DDA for further information.
Reply by Assessment and collection department(04/02/2011):
Point nos. Ito 10 Does not relates to this department. Point no. ll. As regards dues on account of House Tax, as per available record, no tax has been paid by the tax payer against the above cited property.
(a) No information in view of reply above.
(b) As per available record, the hotel came into existence in the financial year 2010-11 and the tax payer can liquidate the tax up to 31.03.2011 on self assessment basis. However, a notice ahs been issued to the tax payer.
(c) No extension in view of reply at (b) above.
(d) Under the Unit Area Method introduced w.e.f. 01.04.2004, the tax payer on self assessment basis. Hence no demand has been raised by the department.
Reply by SE(02/02/2011):
Building-(HQ) deals. with the sanction of building plans and therefore, is a custodian of files relating to building plans. As per the report of record-keeper, there is no building plan in the record in respect of property under reference.
Reply by the Building Dept.(08/02/2011):
It is informed that building activities of the Hotel under reference does not come under the jurisdiction of Building Department, Central Zone, hence none of the. points of, the. RTI application relates to this office.
Reply by the DDA(10/03/2011):
As regards Para 10 of RTI. application, it is informed you that the Hotel Plot was allotted in the name of M/s Tridev Techno Build Pvt. Ltd. through auction. The lease deed was executed on 7/6/2006. The name of the purchaser was changed being M/s Today (Hotels (New Delhi) Pvt. Ltd on 14/12/2006. This information was earlier provided to vide reply dt. 21/02/2011 to RTI application.
Grounds for the First Appeal:
Information provided is incorrect and incomplete.
Order of the First Appellate Authority (FAA):
Information provided by health department is sufficient. All other PIO is directed to give modified reply within 15 days.
Ground of the Second Appeal:
Information provided is incorrect and incomplete even after FAA Order.Page 3 of 4
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Rahul Gupta;
Respondent: Dr. B. K. Hazarika, PIO & Dy. Health Officer (Central Zone); Mr. Anil Agnihotri, PIO & Dy. Assessor Collector; and Mr. Sanjay Yadav, Deemed PIO & EE(Bldg)-HQ, Most of the information has been provided to the Appellant as admitted by him. He is seeking a clarification with regard to the payment of the Property Tax made as per the application already filed. The PIO Mr. Anil Agnihotri is directed to provide this information alongwith correspondent made with the hotel as regards to the property tax.
Decision:
The Appeal is allowed.
The PIO Mr. Anil Agnihotri is directed to provide the information as described 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)) Page 4 of 4