9334/Sic-Ma/2019
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TELANGANA STATE INFORMATION COMMISSION (Under Right to Information Act, 2005) Samachara Hakku Bhavan, D.No.5-4-399, ‘4’ Storied Commercial Complex, Housing Board Building, Mojam Jahi Market, Hyderabad – 500 001. Phone Nos: 040-24740638 (o); 040-24740592(Fax) Appeal No.9334/SIC-Dr.MA/2019 Dated: 28-01-2021 Appellant : Sri Mohd. Hamid Ali Khan, R/o. Ranga Reddy District Respondents : The Public Information Officer (U/RTI Act, 2005) / O/o the Greater Warangal Municipal Corporation, Circle Office-I, Khasibugga, Warangal Urban District The Appellate Authority (U/RTI Act, 2005) / O/o the Greater Warangal Municipal Corporation, Circle Office-I, Khasibugga, Warangal Urban District O R D E R Sri Mohd. Hamid Ali Khan, R/o. Ranga Reddy District filed 2nd appeal dated 13-08-2019 which was received by this Commission on 14-08-2019 for not getting the information sought by him from the PIO / O/o the Greater Warangal Municipal Corporation, Circle Office-I, Khasibugga, Warangal Urban District and 1st Appellate Authority / O/o the Greater Warangal Municipal Corporation, Circle Office-I, Khasibugga, Warangal Urban District. The brief facts of the case as per the appeal and other records received along with it are that the appellant herein filed an application dated 24-03-2019 under Sec.6(1) of the RTI Act, 2005, before the PIO seeking the following information: The PublicTSIC Information Officer has not furnished the sought information to the appellant. Since the appellant did not receive the information from the Public Information Officer, he filed 1st appeal dated 07-05-2019 before the 1st Appellate Authority requesting him to furnish the information sought. The Public Information Officer through Receipt No. 142306/2019 dated 20-05-2019 furnished the sought information to the appellant. As per the records enclosed it is noticed that the 1st Appellate Authority had failed to hear the case and pass appropriate orders on the 1st appeal filed before him. As the appellant did not get information from the Public Information Officer, he preferred this 2nd appeal before this Commission requesting to arrange to furnish the information sought by him. The 2nd appeal was taken on file and notices were issued to both the parties for hearing on 28-01-2021. On 28-01-2021 the case is called. The appellant is present. The PIO / The Taxation Officer, O/o. the Greater Warangal Municipal Corporation, Warangal Urban District is present. The First Appellate Authority / O/o. the Greater Warangal Municipal Corporation, Warangal Urban District is absent. Note: This is system generated copy and no signature is required The appellant submitted that he has not received the sought information. He further submitted that he sought complete record of correspondence for enhancing property tax of his house from Rs.3,000/- to Rs.11,000/- by converting (50) years old property into vacant land and relevant orders / guidelines of the Government for affecting enhancement. The PIO submitted that information was furnished to the appellant vide letter dated 20-05- 2019 by speed post. He further submitted that the existing house was demolished and hence the tax has been enhanced on the basis of land valuation and there is no Government order for the same. Heard both the parties and perused the records. The PIO in his reply dated 20-05-2019 informed the appellant that there is vacant land with semi finished AC sheet and hence vacant land tax was imposed and there is no Government order / guidelines available in the office. The submission of the PIO in his reply is contradictory as on the one hand he says there is structure with AC sheet and on the other hand he has imposed tax treating as vacant land. The PIO could not explain properly the basis on which the tax was enhanced without any Government order / guidelines. The Commission is of the opinion that the appellant is an aged retired Government employee and it appears he is being harassed by imposing heavy tax without rational reason. The Commission directs the PIO to inspect the spot and ensure that the tax as imposed earlier is restored on humanitarian grounds since there is AC sheet with semi structure admitted by the PIO, and furnish his decision to the appellant within (40) days from the date of receipt of this order and submit compliance to this Commission. The case is adjourned for the compliance by the PIO. Dr. Mohd. Ameer State Information Commissioner Authenticated by: Assistant Registrar Copy to: IT Section/SF TSIC Note: This is system generated copy and no signature is required.