HARYANA INFORMATION COMMISSION ASKS GURGAON TEHSILDAR TO GIVE INFORMATION WITH 3 WEEKS, TO ISSUE SHOW CAUSE NOTICE TO HIM FOR FAILING TO PROVIDE INFORMATION.

[Mahendra Kumar Gupta]

HARYANA INFORMATION COMMISSION ASKS GURGAON TEHSILDAR TO GIVE INFORMATION WITH 3 WEEKS, TO ISSUE SHOW CAUSE NOTICE TO HIM FOR FAILING TO PROVIDE INFORMATION. 

By - M K Gupta, Jt. Secy, Dwarka Forum and RTI Volunteer.

I filed an RTI application to the Revenue Department, Gurgaon on 14th May, 2014 stating that the builder has sold thousands of flats and has taken the transfer charges from the buyers without executing the conveyance/ sale deed and other instruments with the office of the sub-registrar and thus evaded the payment of stamp duty payable to the govt.  Such acts amount to the violation of section 17(b) of the Registration Act, 1908 and Indian Stamp Act, 1899 and for this violation a penalty up to 10 times of the unpaid deficient stamp duty is chargeable from the buyers by the Collector of Stamps. 

In this connection, I asked to provide the following information from the Revenue Department, Gurgaon: 

i). Whether the Department is aware of the above act of duty evasion, if yes,

ii).     Action taken against the builder for evading the stamp duty due to the govt.

iii). Please inform details of the set-up or mechanism, if any to detect the cases of evasion of stamp duty. 

On point (ii), on the action taken against the builder, SPIO-cum-Tehsildar has informed that this office is not competent to take any action against the builder in this matter. 

The SPIO-cum-Tehsildar has, in his first reply stated that the information sought by me is not covered under the RTI Act.  After filling first appeal, he told me to come to the Tehsil for the inspection of records to sideline and confuse the issue. On my refusal and persistence for providing the information, taken plea that I have not sought any information relating to the record of the Department. After that, he sent me some irrelevant information, also told me that I have not sought any information relating to records.  From this, it was apparent that the SPIO had invented new ways to refuse the information.  

Today my second appeal was heard by the State Information Commissioner and Ajit Singh, the Distt. Revenue Officer attended the hearing on behalf of the SPIO-cum-Tehsildar to represent him. 

State Information Commissioner, Shiv Raman Gaur today has directed as under:

As the information provided by the SPIO-cum-Tehsildar so far is vague and not relevant, Commission directs the SPIO to provide relevant information within 3 weeks failing which penal action will be taken against him. Information Commissioner also directed to issue “Show Cause Notice” to the SPIO for failing to provide information to me in the case. 

Note - Formal decision will be issued in due course and the above directions are based on the basis of the dictation given by the IC in the open hearing).