Central Information Commission
Smt. Shashi Bala vs Municipal Corporation Of Delhi on 16 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/001447/4161
Appeal No. CIC/SG/A/2009/001447
Relevant Facts emerging from the Appeal:
Appellant : Smt. Shashi Bala
H.NO. 2466, Bazar Sita Ram,
3rd floor, Delhi - 110006
Respondent : Mr. Jagdeep Chiller
PIO,
Jt.Assessor& Collector
MUNICIPAL CORPORATION OF DELHI,
Assessment &Collection Deptt,
City Zone, Delhi
RTI application filed on : 05/02/2009
PIO replied : 12/03/2009
First appeal filed on : 19/03/2009
First Appellate Authority order : not ordered
Second Appeal filed on : 08/06/2009
Information sought:
The deficiency letter was issued of the beneficiary vide No .Tax /cz/414/dated 08/08/1980(copy enclosed) for submission of information on 4 points with in week ,falling which, the case of mutation will be filled without taking any action.
Point No1.: Original document be submitted and also certified copies of sale deed , registered will ,Death certificate of Owner of property & N.O.Cs ,from all the legal heirs ,but it was not done .
Point No 2: Certain amount of tax arrears & C.F .charges were to be deposited before mutation, but it was not done.
Point No 3: An Indemnity Bond & Affidavit to be submitted in original stating that this will be the first and the last one.
Point No 6: In MCD records, common building stands with Nos. 2458 to 2469 where as, you have applied mutation for 2466 No. It is case of sub division; submit a building plan duly signed by other co-owner while showing your portion with different co lour, but it was never done.
(2) No objection certificate from legal heirs were neither demanded nor submitted , which is mandatory requirement .while mutating be properties of high value on basis of a mere unregistered WILL even that is not available in original and no officer has signed on file confirming is exhibit.
Reply of PIO:
Reply to Q.NO1. :- The original assessment file of P.No 2466/2058, Bazar Sita Ram, Delhi is being held by the court of law .The office has got only the shadow file(photo stat copies) .The original document were not available in this office The original document such as unregistered WILL , sale deed (in Urdu) ,Dead certificate are also not available in the shadow file .The original document are seen and returned at the time of Mutation . NOCs of all the legal heirs are also not available in the shadow file.
Reply to Q.NO.2:- The copy of tax arrears dues and CF can be given as the same are available in the shadow file.
Reply to Q.NO.3:- In reply to Q.NO, affidavit, I. Bond and copy of will be given to applicant on payment of Rs.2 /- each copy.
Reply to Q.NO.4:- No Building plan is available in the shadow file.
Grounds for First Appeal:
Unsatisfactory information The First Appellate Authority ordered:
No Order mentioned .
Grounds for Second Appeal:
Unsatisfactory information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Smt. Shashi Bala Respondent: Mr. Jagdeep Chiller, PIO The Appellant is seeking copies of certain documents which are part of the file which is with the Court. The public authority has shadow file and they have given copies of the documents which are in the shadow file. However, certain documents have not been provided. These are sale deed, registered will of Mr. Ram Murti, death certificate of Mr. Ram Murti, NOCs from all legal heirs of Mr. Ram Murti, receipts of amount of tax arrears and C.F. Charges deposited before mutation, indemnity bond and affidavit regarding will that this is the first and last one, building plan from house no. 2458 to 2469 covering the portion of 2466 indicating sub-division duly signed by all the co-owners.
Decision:
The appeal is allowed.
The PIO will provide the copies of the documents stated above which are in the shadow file to the Appellant. In case of documents which are not on the shadow file the PIO will give a statement that these are not on the shadow file. This information will be provided the Appellant before 31 July 2009.
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 16 July 2009 (In any correspondence on this decision, mentioned the complete decision number.) (R.K)