Appellant: The outstanding tax dues against a property were over 1 crore and not Rs. 39 lakhs as informed by PIO - Respondent: Amount includes basic ground rent only on which interest @18% shall be chargeable - CIC: Explanation justified
The appellant sought information against 10 points regarding non-payment of dues pertaining to property No. C-5/1 & C-4/II Nikita Tower-II, Azadpur Complex, Naniwala Bagh, New Delhi before getting plan sanctioned from the building department.
Relevant facts emerging during hearing:
The appellant filed RTI application on 14.07.2014, seeking the above information. PIO vide his letter dated 15.12.2014 informed the appellant that the information sought in this RTI application does not fall within their jurisdiction. The appellant filed an appeal on 10.12.2014.
FAA did not dispose of the case.
The appellant stated that this case has already been heard and wrong information was given by the PIO stating that outstanding tax dues were Rs. 39 lakhs, whereas the correct figure is over 1 crore. Directions were given in this case before but the information provided was wrong. The Vigilance Department has submitted their report without checking relevant records. The appellant referred to information given with respect to query No.9 provided by the L&E Department. The respondent stated that no first appeal was received by them. On this issue another RTI was received from the Vigilance Department and amended reply to point No.9 and 10 were provided to the appellant. On a query by the Commission as to how there is so much difference in calculation, the respondent stated that this file was in RP Cell in 2007 and it has now been transferred to Land & Estate Department after which a revised calculation with interest has been provided.
After hearing both the parties and on perusal of record, the Commission directs both the parties to file their respective written submissions before the Commission with a copy to the other party, on the issue about the huge difference/gap between the two figures quoted viz. Rs. 39 lakhs and Rs.1.06 crores, within three weeks of receipt of this order. Parties to file their counter replies within two weeks thereafter.
Pursuant to the aforestated order dated 09.12.2015, the Commission has received communication dated 18.12.2015 from the NDMC, Land & Estate Department followed by objections/rebuttal by the Appellant in the form of a letter dated Jan 2016. The Respondent has once again responded by a letter dated 05.01.2016 with a copy to the Appellant providing clarification regarding calculation of dues payable by the Builder w.r.t plot Nos. C-1/4 & C- 1/5, Commercial Complex, Naniwala Bagh Azadpur. In the recent letter dated 05.01.2016, the Respondent has explained that demand notices issued by the R. P. Cell stated only the basic ground rent for the relevant period of time with the stipulation that interest @18% shall be chargeable thereupon, but the calculation of interest and break up of ground rent and interest was not elaborated separately in the notices. Upon receipt of a reference of complaint from the Secretary to LG during July 2015 regarding non payment of ground rent in respect of the said plots, year wise outstanding dues of the said properties were directed to be calculated to initiate steps to streamline the process of revenue generation/collection. The detailed report prepared by the department, thus, provided year wise break up of ground rent and interest @ 18% per annum and amounted to Rs. 1.06 crores (approximately). A copy of the instant letter dated 05.01.2016 was marked to the Appellant by the APIO (L&E Deptt.), NDMC and there has been no response/rebuttal/objection raised by the Appellant so far. The explanation provided by the Respondent appears justified and since even the Appellant appears satisfied with the response, there appears no further case to adjudicate upon. The appeal is thus disposed of.
Citation: Shri Hans Raj Chugh v. L&R Deptt., North DMC in F.No. CIC/YA/A/2015/000400