Central Information Commission
Shri L.D.Pahwa vs Municipal Corporation Of Delhi on 6 November, 2008
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
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Decision No. CIC/WB/A/2007/01491/SG/00180
Appeal No. CIC/WB/A/2007/01491
Relevant Facts emerging from the Appeal
Appellant : Shri L.D.Pahwa
WZ-22A/4, Street No. 8,
Krishana Park,
Lala Ganesh Dass Khatri Marg,
New Delhi-110018.
Respondent 1 : Deputy Commissioner
Municipal Corporation of Delhi West Zone, Rajouri Garden, New Delhi-110027.
RTI filed on : 29/03/2007 PIO replied : 01/05/2007 First appeal filed on : 08/05/2007 First Appellate Authority order : 04/06/2007 Second Appeal filed on : 18/10/2007 S.No. Information Sought. The PIO ordered.
1. Particulars of MCD Teams ( names , An advisory group headed by Commissioner, designations of officials) who conducted sample MCD was constituted having members, Shri survey for the purpose of Categorizing / Y.D Bankata, Addl. Commissioner Classification of the aforesaid colonies ( H- (Revenue) Sh. Brajlal, Assessor & Miscellaneous No. 15, Page XXX of Expert Collector Sh. B.B. Singh, Addl. Assessor & Committee report dated 31/01/2003 Annexure - Collector Sh. V.K. Bugga, Chief Town A) Planning Deptt. and Assessment & Collection Department was assigned the work of survey. There were no specific orders for any specific staff for the said purpose.
2. What was the "Property Identification Code" No, property identification code has yet been (PIC) of each colony in question (Chapter - 9 allotted to any property which is in the tax Tax Administration para - 9.4 page - 58, Expert net of MCD. Committee report, property tax reform dated 31/01/2003 Annexure - B).
3. Classification Matrix of each colony or principal The PIO had been given the positive reply to of classification adopted by the sample survey the appellant. (copy attached). team with reference to aforesaid each colony.
4. Recommendation of the sample survey team with Replied copy attached.
regard to each colony mentioned above.
5. Allow to respect and to take note of the report No information has been sought for.
submitted by sample survey team to expert However, the application is being asked for committee with to aforesaid each colony. separately to attend this office for inspection of desired record. Secondly, record has already been inspected by the member of Samiti on 09/04/2007.
6. Recommendations of expert committee with As under :- Krishna Puri - C, Krishna Park reference to classification of each colony. - D, Krishna Park - D, Ganesh Nagar - C, Mahavir Nagar - D. The above report is sent for further n/action The Appellate Authority ordered:
"The appellant must have received the said reply during the intervening period of filling the reply and passing this order. However, a copy of the reply furnished by the PIO is sent herewith to Shri Pahwa. As regard delay in sending the reply, the same was sent late by as many as 10 days and the PIO explained any reason thereof. The PIO /DC (WZ) to fix the responsibility of the concerned official/officer and submit a report by 19-06-2007 positively for taking appropriate action. The appeal is accordingly disposed of.
Relevant Facts emerging during Hearing:
The following were present Appellant : Shri L.D.Pahwa Respondent : Mr. M.S. Hassan reprenting Deepak Hastir PIO at the time of the application. Appellant states that on points 1,2 and 3, they have obtained satisfactory answers. On points 4 and 6 the RTI application mentions 13 areas out of the PIO has provided the information for 5. The appellant's contention is that inspection was not given as demanded on point 5.
Decision:
The appeal is allowed.
The PIO will arrange to give inspection on 21st November, 2008 The PIO will also provide the information of the balance 8 colonies to the appellants on 21 November, 2008.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 6th November, 2008