Vipin Malik v. Azad Singh

Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26161796 Decision No. CIC/SG/A/2010/000913/7843 Appeal No. CIC/SG/A/2010/000913 Relevant Facts emerging from the Appeal: Appellant : Mr. Vipin Malik Chartered Accountant Flat No. 108, Golf Apartments Sujan Singh Park New Delhi 110003 Respondent : Mr. Azad Singh Public Information Officer & Dy. Director Municipal Corporation of Delhi New Delhi Municipal Council (House Tax Department) Palika Kendra, New Delhi RTI application filed on : 09/12/2009 PIO replied : 13/01/2010 First appeal filed on : 22/02/2010 First Appellate Authority order : 16/03/2010 Second Appeal received on : 12/04/2010 Information Sought:

a) Action taken on the Adviser (Revenue) NDMC letter No. D 216/A(R) 2000 dated 16/03/2000 giving effect to vacancy.

b) Action taken on Assessees letter dated 10/07/2000for adjustment of house tax.

c) Action taken on Assessees letter dated 08/12/2000 for adjustment of house tax.

d) Action taken on Assessees letter dated 22/04/2005 for fixation of R.V. on the basis of rental basis.

e) Action taken on Assessees letter date 09/12/2009 for allowing vacancy remission and revising of Ratable value.

f) Action taken for each year filing of return as per details provided in the copy enclosed.

g) 1) Reasons for different assessment of A.L.V. of flats in the same building with almost same area.

2) Reasons for fixing different ratable value.

3) Treatment of letters attached and return filed under section 77 of the ndmc act, 2005. Provide copy of orders have been passed on the letters and return. Reply of the Public Information Officer (PIO): The PIO stated that regarding Flat No. 104, Ist floor, Golf Apartments, Sujan Singh Park, New Delhi, the vacancy remission is under process for the period from 16/11/1998 to 30/06/2000.Further as far as letters dated 10/07/2000, 08/12/2000, 22/04/2005 and 09/12/2009 is concerned, the objections filed were overruled and Ratable Value maintained at 492500/-. As far as returns for the year 2003 2004 to 2008 are concerned the Ratable Value has been maintained at Rs. 492500/-. Grounds for the First Appeal: Incomplete and unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA): In the absence of the appellant during the hearing, the PIO submitted a detailed note, which was found satisfactory by the FAA regarding the queries of the appellant and the FAA, accordingly directed the PIO to forward the same to the appellant. Grounds for the Second Appeal: Unsatisfactory information provide by the PIO. Relevant Facts emerging during Hearing: The following were present Appellant: Mr. Vipin Malik; Respondent: Mr. Azad Singh, Public Information Officer & Dy. Director; The PIO has given certain information but is now directed to provide the following information: 1- Photocopies of the papers showing the calculations of the Rateable value of the flats mentioned in the appellants letter given to the PIO during the hearing. 2- Photocopy of the orders passed in the Annual Tax Returns filed by the appellant and vacancies remission including file notings. Decision: The Appeal is allowed. The PIO is directed to give the information mentioned above to the Appellant before 20 June 2010. 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

25 May 2010 (In any correspondence on this decision, mention the complete decision number.)(MS)