Central Information Commission
Mr.Syed Waqar Ali vs Mcd, Gnct Delhi on 17 February, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003749/17451
Appeal No. CIC/SG/A/2011/003749
Relevant Facts emerging from the Appeal
Appellant : Mr. Syed Waqar AIi
S/o Sh Syed Shehzad Au
R/o 1518, 1st Floor Gali Akhunji,
Farash Khana, Delhi-110006
Respondent : Public Information Officer &
Dy. Assessor and Collector Municipal Corporation of Delhi Assessment & Collection Department Sadar Pahar Ganj Zone, Idgah Road, Paharganj, Delhi-110006 RTI application filed on : 25/07/2011 PIO replied : 23/08/2011 First Appeal : 15/09/2011 First Appellate Authority order : 25/10/2011 Second Appeal received on : 26/12/2011 Information Sought:
1. I have received reply to RTI dt.l5103/201 I from the house lax deptt. of MCD S. P. Zone Delhi, anti PIO informed me that "according to assessment file of properly No. I 5 I 7 and 1545 to I 547 Ward-VU Gali Akhunji Farasli Kiiana Delhi- 110006 that the said Properly has been mutated in the name of Fazal Ahmed Sb Sh Abdul Shakoor by the mutation letter No.Tax/CZ/87/1427 dt.05/05/88 and that mutation dl.05/05/88 executed by GPA dt.24/04/l976.
And that CPA dt.24/04/1976 is un-registered and there are no property number is shown on the said CPA dt.24/04/1976, which was basis for mutation dt.05/05/88. Provide me information how can execute the mutation letter No.Tax/CV87/1427 dt.05/05/88 by un-registered and invalid CPA dt.24/04/1976 by the house tax depti of MCD Specify.
2. That the PI0 stated in his reply to RTI dt.15103J201 I that "No that the mutation of property is not possible through un-registered CPA in MCD", and PLO further stated that "that mutation is not possible on any un-registered documents and the same is allowed only on registered and valid documents". This is mentioned in section 128 of 1957 DMC Act. Pertains to the same. That guilty committed by the officials of house tax deptt. of MCD, which was executed mutation letter dt.05/05/88 by un-registered and invalid CPA dt.24/04/1976. So, what action has been taken against the officials of house tax deptt. of MCD which is committing fraud and guilty, specify.
3. What action has been taken against the above said CPA dt.24/4/1 976 and mutation dt.05/05/1988 plant by the officials of MCD specify.
4. Provide the certified copies of all action taken reports against MCD officials for committing guilty and fraud.
Page 1 of 2Reply of the CPIO:
1. Mutation letter was issued after the Scrutiny of documents by the competent Authority.
2. The departmental Instructions were issued from time to time for issuing the mutation letter under the section of 128 of DMC act. Now the matter pertaining to property No. 1518 and 1545 to 1547/VU, Farash Khana Delhi- is under Sub Judic and the action will be taken as per directions of Hon'ble Court.
3. As above (2)
4. As above (2) Grounds for the First Appeal:
Information provided is misleading and unsatisfactory.
Order of the FAA:
FAA directed to provide the information within 20 days.
Grounds for the Second Appeal:
Information provided is misleading and wrong.
Relevant Facts emerging during Hearing: The following were present Appellant: Mr. Syed Waqar AIi;
Respondent: Absent;
The Appellant has not really sought any information and it appears that the PIO has given some explanation based on assumption rather any record. The PIO is warned to ensure that information should only be given as per available records.
Decision:
The Appeal is disposed.
The information available on the records appears to have been provided. 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 17 February 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 2 of 2