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Found 169 results

  1. Hi All, Had some questions that I think can be solved from your help. Mine is a complicated case which I wanted to discuss with anyone who can reply me back.. My father had received a PMC (Pune muncipal corporation) land on lease for 99 years as our shop had been demolished in road widenening. The said property was built by my father, and a regular yearly rent was fixed by PMC for the same. We were paying the rent from 1990 to 2008, when all of a sudden we got a notice from the PMC property tax department for property TAX. When I went and checked at their office, I came to know that the property tax was showing from 2003. I just wanted to know whether property tax is applicable for properties which are leased from the PMC, apart from the rent. Waiting for your answer. Thanks & Regards, Pradeep
  2. In a recent order, CIC has ruled that asset and property declarations of public servants cannot be denied under Sec 8(1)(j): http://cic.gov.in/CIC-Orders/SG-12112009-03.pdf “The Commission can allow denial of information only based on the exemptions listed under Section 8 (1) of the Act. Under Section 8 (1) (j) information which has been exempted is defined as: "information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:" To qualify for this exemption the information must satisfy the following criteria: 1. It must be personal information. Words in a law should normally be given the meanings given in common language. In common language we would ascribe the adjective 'personal' to an attribute which applies to an individual and not to an Institution or a Corporate. From this it flows that 'personal' cannot be related to Institutions, organisations or corporates. (Hence we could state that Section 8 (1) (j) cannot be applied when the information concerns institutions, organisations or corporates.). 2. The phrase 'disclosure of which has no relationship to any public activity or interest' means that the information must have some relationship to a Public activity. Various Public authorities in performing their functions routinely ask for 'personal' information from Citizens, and this is clearly a public activity. When a person applies for a job, or gives information about himself to a Public authority as an employee, or asks for a permission, licence or authorisation, all these are public activities. The information sought in this case by the appellant has certainly been obtained in the pursuit of a public activity. We can also look at this from another aspect. The State has no right to invade the privacy of an individual. There are some extraordinary situations where the State may be allowed to invade on the privacy of a Citizen. In those circumstances special provisos of the law apply, always with certain safeguards. Therefore it can be argued that where the State routinely obtains information from Citizens, this information is in relationship to a public activity and will not be an intrusion on privacy. Therefore we can state that disclosure of information such as assets of a Public servant, -which is routinely collected by the Public authority and routinely provided by the Public servants,- cannot be construed as an invasion on the privacy of an individual. There will only be a few exceptions to this rule which might relate to information which is obtained by a Public authority while using extraordinary powers such as in the case of a raid or phone-tapping. Any other exceptions would have to be specifically justified. Besides the Supreme Court has clearly ruled that even people who aspire to be public servants by getting elected have to declare their property details. If people who aspire to be public servants must declare their property details it is only logical that the details of assets of those who are public servants must be considered to be disclosable. Hence the exemption under Section 8(1) (j) cannot be applied in such a case.” #UTurn The above stand has been again reiterated in the following decision: http://cic.gov.in/CIC-Orders/SG-29122009-19.pdf
  3. Hi guys! I have Property related real estate site,If you are interested in link exchange on the same category with my site that is : Property India, Real Estate, Buy, Sell, Rent Residential,Commercial Properties So,you can email me at " minklerai@gmail.com " Thanks Markbgn
  4. vishnu_madhav

    Assets of IAS and IPS in Tamil Nadu

    In Tamil Nadu, the SIC allows for disclosure of assets statements of non IAS and IPS officers, but the Chief Commissioner is of the opinion that in case of IAS and IPS officers such information cannot be disclosed, since they submit the statements to the government in sealed covers? Can somebody clarify the following points? A. I tried to go through the rules but I could not find any reference to sealed covers. Is it a rule or is it just convention that IAS and IPS officers give these statements sealed covers? B. The status of information under sealed covers, within the ambit of RTI. Is such information obtainable under RTI? Have there been any precedents? If there are no precedents, What is your opinion? Thanks. Madhav.
  5. In a landmark order, CIC has allowed disclosure of the property returns of a IAS officer. DoPT had initially denied the returns under Sec 8(1)(j). Later, during the Second Appeal, it said that the Dept. of Legal Affairs had taken the view that the property returns can be disclosed subject to obtaining "third party" consent. CIC has disagreed saying that no third party consent was necessary. It however added that if any officer was involved in civil Litigation regarding his property he might like to object to such disclosure. Therefore it was necessary for the PIO to seek third party consent from the point of view that the officer could bring up the issue of civil litigation involvement. Full order is attached to this post. WB-24062009-04.pdf
  6. As reported by C Shivakumar in expressbuzz.com on 22 October 2009: Property info of top cops denied Property info of top cops denied CHENNAI: At a time when India is celebrating the Right to Information Week, a petition seeking copies of property returns filed by two senior police officers - A K Viswanathan and Seema Agarwal - has been turned down by the State’s home department. G Mohan Nair, under secretary to the government and public information officer (PIO) of the home department in a letter dated October 12, cited a clause of the RTI Act for denying information to a petitioner. The PIO stated that “the request ... cannot be complied with since the sealing of annual property transaction of the IPS officers relate to confidential information of the individual officers. These personal records are confidential in nature and therefore not open to public scrutiny. Therefore, under section 8(1)(j) of RTI Act (Central Act 22) of 2005, your request cannot be complied with. ”But RTI activists question the reasons given by the PIO. “When a particular officer of a government is under the scanner for corrupt activities, the information relating to his assets should necessarily be disclosed,” they argue. Activists point out that section 8(1)(j) would apply only when “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the CPIO or the State PIO or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.” On Aug 27 this year, an application was filed seeking copies of the annual property returns of Viswanathan and Seema since there are allegations of possession of assets disproportionate to the known sources of income against one of them, who is the husband of the other. A DVAC probe is on against Viswanathan for allegedly having huge assets.
  7. As reported by K Venkateshwarlu in thehindu.com on 29 October 2009: The Hindu : Andhra Pradesh / Hyderabad News : IAS/IPS officers’ assets: RTI plea rejected IAS/IPS officers’ assets: RTI plea rejected Unwarranted invasion of privacy, says State GAD ‘Rejection of RTI application is surprising’ HYDERABAD: Are IAS, IPS and IFS officers duty-bound to disclose their assets that could be kept in public domain much like the MP/MLAs earlier, and now the Supreme Court judges? Even as a crucial meeting of senior secretaries scheduled on November 3 in New Delhi mulls over the subject, the State bureaucrats wait with bated breath for the outcome as not long ago, an RTI applicant’s plea on their asset reports was rejected by the State General Administration Department calling it among other things “unwarranted invasion of privacy”. In the application filed under RTI Act, O.B. Debara of the United Forum of the RTI campaign, sought to know whether all India service officers of the State cadre who are members of Adarshnagar and Kohinoor Mutually Aided Co-operative Housing Societies filed their Immovable Property Reports (IPRs) during 2006-08, as per Rule 16 of All India Services (Conduct) Rules 1968. He sought copies of their IPRs. He also wanted to know action taken against those who had not complied with and whether they sought permission to buy land for housing on their names. But the Public Information Officer of the GAD rejected the application invoking Section 8 (1)(j) of RTI Act. The PIO stated that the applicant has not indicated any public interest to justify such disclosure and that the officers have objected to sharing of the information. ‘Violation’ “This is in complete violation of spirit of the RTI Act and amounts to shielding of defaulters by their brethren,” said D. Rakesh Kumar of the Forum. They have now gone in appeal to State Information Commission (No. 2485/2009). “The rejection is surprising, as members of the two pillars of democracy -- judiciary and legislature -- could disclose their assets, why the third pillar -- the executive -- should resist it?” he asks. After all, as public servants they were not above public scrutiny and cannot invoke right to privacy on issues of public concern. The objective behind making them file IPRs every year was to make them accountable and track their assets. Similar cases The Central Information Commission (CIC) and the Gujarat Information Commission in similar cases have categorically stated that IPRs of the All India Service officers have to be in the public domain and cannot be exempted under Section 8(1)(j) of RTI Act. The Supreme Court too had held that “when there is a competition between the Right to Privacy and the Right to Information of the citizens, the former right has to subordinate the latter as it serves larger public interest”.
  8. As reported by Aloke Tikku in hindustantimes.com on 04 January 2010: Hands-off policy for govt on RTI pleas- Hindustan Times Hands-off policy for govt on RTI pleas The government won’t put out assets of bureaucrats in public domain but it also won’t stand in the way of the information being given out under the Right to Information Act. A committee of secretaries tasked to formulate the government’s approach on right to information applications seeking figures on annual property returns of officers has figured there was no policy role for the government. Government rules require officers to file annual returns listing their moveable and immovable properties. But these records are promptly stashed away because the government – department of personnel for Indian Administrative Service, home ministry for Indian Police Service and environment ministry for Indian Forest Service officers – does not have the manpower to analyse the information. The Central Information Commission had in June this year asked the government to present a considered formulation in terms of the system and technicality of assets disclosures and desirability of such disclosure in public interest. The commission’s directions came on an RTI request seeking information on assets of a Cochin Port Trust employee. Cabinet secretary K.M. Chandrasekhar promptly set up a committee of senior bureaucrats to study the issue. But officials associated with the exercise, however, suggested they were surprised at the panel’s initiative. “This was a simple and shut case, if someone had to take a decision. Someone makes a request under the law. The CIC was expected to deliver its decision as per the provisions of the act. Full stop,” a senior official told Hindustan Times. “We felt that the provisions under the (RTI) law were sufficient. There is no need for any decision at our end.” Officials conversant with the information law concede that the act did not seem to bar providing such information. “It is certainly a third-party information so the public information officer would have to seek comments from the officer concerned, evaluate the response of the officer and the stated reasons for withholding the information and take a call,” an official at the ministry of home affairs said. This means that the decision on revealing information about property returns would be taken on a case-to-case basis, depending on the arguments presented for – or against – making the returns public.
  9. Dear Sir On becoming the corporation Erode our property taxes has increased by 10% of previous tax. But for my case it case been doubled.My repeated representaions has ended in vain.How to get revise of tax and refund of extra paid money. suseela
  10. can u please provide me information regarding details of property tax paid by our chsltd:)
  11. rahullalsarangi

    confusing question

    hi there to all the aware citizens of India .my name is rahul sarangi and i am from orissa. my mother has her ancestral property in our village which is about 10 kms from the capital . we have most of the property records but still some are missing and i dont know whom to contact in this regard . can i file an rti stating that i should be given the details of property belonging to my mother.please answer my query plz:o
  12. As reported in samaylive.com on 01 November 2009: RTI plea seeks Madhya Pradesh bureaucrats' property details :: Samay Live RTI plea seeks Madhya Pradesh bureaucrats' property details Bhopal: Madhya Pradesh's Chief Information Commissioner (CIC) has asked bureaucrats and police officials in the state to submit details of their property, officials said on Sunday. Acting on a petition by Choudhary Rakesh Singh, the deputy leader of opposition in the state assembly, demanding the officials file property returns of the last three years in public interest, CIC P.P. Tiwari last week ordered issuance of notices to Indian Administrative Service (IAS) and Indian Police Service (IPS) officers in the state. "The state commission would issue notices to IPS and IAS officers including those posted in the state secretariat under section 19(4) of the Right to Information Act. Similar notices would be issued soon also to the police officers posted in police headquarters as directed by the CIC," an officer in the state information commission said. "Why should the bureaucrats be spared from making their assets public when even politicians were being made to do so," Singh told. "Their properties should be made public to ensure transparency at every level of the government," he said, adding that the people have every right to know about properties owned by the bureaucrats. "The state government and the bureaucrats should not hesitate in providing such information," the opposition leader added. Hearing in this case would be held Nov 11 at the commission's office here. Bureaucrats refused to comment on the development. "We will abide by the law and directives of the Information Commission as and when we get the notice," said an IAS officer, who did not want to be named.
  13. As reported by Jeeva at timesofindia.indiatimes.com 28 October 2009 CHENNAI: With the debate about the disclosure of assets by high court and Supreme Court judges still on, the state government in Tamil Nadu has refused to disclose property details pertaining to IAS and IPS officials under the Right To Information (RTI) Act. While the Secretariat has refused to permit an RTI activist to inspect property statements submitted by IAS officials, including the chief secretary and the home secretary, the office of the director general of police (DGP) has failed to disclose property details of police officials even a month after the Tamil Nadu State Information Commission's directive to do so. The commission had issued the directive on September 15 to the public information officer at the DGP office, to provide details to V Gopalakrishnan, a resident of K K Nagar, who had filed an RTI application in January this year. The applicant had sought details about police officials, from sub-inspector to IPS officers, who had sought permission from government to buy immovable property from 2006 to 2008. The DGP office, in its reply given in April, categorically refused to provide the details, stating that they were exempt from disclosure under Section 8 (1)(j) of the RTI Act. Challenging the refusal, the applicant moved the state commission and obtained an order in his favour. In the case of disclosure of property details relating to IAS officials, the public department in the Secretariat, in its reply to the RTI application filed by V Madhav of Porur in February this year, said that the information sought was personal information such as income-tax returns and, hence, could not be inspected under Section 8 (1) (j) of the RTI Act as it would amount to unwarranted invasion of privacy of the individuals'. Madhav wanted to inspect the asset disclosure statements submitted by the chief secretary, home secretary and secretaries of eight other departments, including revenue, industries and the PWD. The applicant filed an appeal with the state commission, saying that disclosure of property details of government servants could not be considered invasion of privacy when MLAs, MPs and high court and even Surpreme Court judges disclosed assets. "Making public the asset disclosure statements of government servants would check accumulation of assets disproportionate to known sources of income. Besides, Section 8(1)(j) of the Act itself says that information cannot be denied to citizens if the same cannot be denied to Parliament or a state legislature,'' Madhav argued in his submission before the commission. After hearing the case, the commission has now reserved its orders Source: Secretariat, DGP's office refuse to disclose property details - Chennai - City - The Times of India
  14. I do have a question about the property right. Before that I would like to state the foll. Facts: The property was passed on to my mother by my grandfather (My Mother’s Dad) as a Gift. I recollect my Mom used to get a notice for Gift tax.. This property belonged to my great grandfather that was received as a inheritance by my Grandfather. My Mother has 2 children (Son - My Brother & Daughter - Myself). She wants to pass on the property to me for foll. Reasons: My brother does not look after my Mother nor does he provide. Whereas I do provide for her expenses. My Brother was educated (Engineering capitation fee as well as fees) by selling my fathers property (1 acre) whereas I was not. Altho’ Mom has no physical evidence of paying his fees etc…. Also, my brother took from my Mom Rs. 50,000 in 1990 for a business and lost all money. My Mother paid it in cash; hence no physical evidence is there. [*]My Mom has done a settlement deed in my name for the above property wherein she has mentioned that he does not look after and has been educated by selling off Fathers property. [*]Our religion is Christianity. Want to know the foll. - Can my brother contest for the right? - If so, is there a way that the entire property can be made in my name without my brother having legal right over it as this is my Mothers wish.
  15. pearlsawme


    :confused:In a remote village, from my residence, there are properties bequethed by my father. I have never visited that village. How to know whether the properties are still in my fathers name and from whom I should get that information. Will RTI be helpful in my case.
  16. tusharagawde

    Property Development

    Dear All, Thanks in advance for providing such a forum for RTI. I am new to this, so I am not sure whether the info I am seeking does come under RTI act. I stay in a pagdi system building in the suburbs of Mumbai, to be specific in Khar – East. Our building is quite old and in a pretty bad shape too. It been quite some time that all the tenants are thinking about redevelopment of the property but as it’s not an ownership kind of building we need to go to the landlord. As far as the landlord is concerned he is not ready to develop the property on his own, so he is seeking for a property developer, where by he will also get paid for his property plus maybe a free flat too. But when ever the tenants go to him seeking this info he never gives a clear answer. Recently he’s been telling that he has tied up with some developer, but not sharing the details of his deal with the tenants association. As per the information that’s leaked out we know that the builder will be constructing new buildings and giving us some extra area in addition to the area of our existing houses. But I think he can’t to this without the approval of the tenants. Sorry for this long story, now the information which I seek is as mentioned below: Satbara Utara Propertycard Property Map FSI available on the property Is it possible for me to acquire the above mentioned documents for the land on which our building stands, as a tenant of our building under the RTI Act. We think with this information in hand we might be able to judge whether the developer is giving us a proper deal. Plus there’s a option which I have put forth to the committee that why not we our self’s develop this property instead of looking for a developer I would also like to seek your advice on this matter. As I m recently been made the member of the committee, this is very new to me. Kindly guide me as what plan of action should we have. Thanks in advance Regards Tushar
  17. jacobthiruvalla

    Want to Know all about flat

    I am from Mumbai. want know lot of things about RTI. Hope i can be fruitfull memeber of this community. Want to know how people can know the details about their flat, building and land in mumbai.
  18. Hello All, I have an ancestral property in my village. My father were 3 brothers. The property is in the name of my Grandmother who passed away many years back and even my grand father is no more. Now I have decided to separate the property between my mom and my 2 uncles as my DAD died few years back. My Grandparents did not do the transfer of the property between their sons. Now as my father has passed away, I am trying to get the property transfered to my mother's name. I guess there are some hurdles put down by my uncles in this process of property transfer thing, they are trying to stop this transfer. I even dont know where are the property papers. My uncles always try and avoid when I ask them about the property papers. So now what I want is that somehow I get those property papers. Is there anyway I can get those papers from somewhere legally so that I can proceed with the Seperation and Transfer thing. Does my cousins have rights to stop this name transfer or seperation.. and what could I do to stop them from putting hurdles. Hope to get response as soon as possible. Thanks Chandan...
  19. As reported by Prafulla Marpakwar of TNN in timesofindia.indiatimes.com on 13 August 2008: Asset declaration by govt officials to be mandatory: Hazare-Mumbai-Cities-The Times of India Asset declaration by govt officials to be mandatory: Hazare Mumbai: Anti-corruption crusader Anna Hazare has asked CM Vilasrao Deshmukh to make it mandatory for all government employees to publicly declare their assets as is the case with the elected representatives. If members of parliament and state legislature can file an affidavit on their assets, even government employees can declare their assets , Hazare said in a letter to Deshmukh. Hazare, who has threatened to launch an indefinite stir from next week, will meet the chief minister on Wednesday. As per existing rules, all-India service officials-IAS , IPS and IFS-submit a statement of their assets in a sealed envelope, while other government officials submit the information once in five years. Besides, if government employees purchase any item of above Rs 10,000, they have to inform the general administration department (GAD). The entire information is always confidential and no one has access to it. Significantly, Nagpur information commissioner Vilas Patil had passed an order, saying that under the RTI Act, there is no restriction on declaring the information submitted by an IAS officer. He had asked the then municipal commissioner Lokeshchandra to provide the information to the applicant. The Bombay HC had stayed Patil's order. Hazare's contention was that when Union home minister Shivraj Patil and Deshmukh have declared their assets , the government employees should not take objection to it. Hazare has urged the CM to initiate departmental proceedings against officials who have been fined under the RTI Act. "If an official is found guilty under the RTI Act, the HoD should initiate proceedings against him directly and if he-the HoD-fails to take action, then the government should take action against him for dereliction of duty.'' "We were the first state across the country to enact the RTI Act. We feel that some more time should be allowed for the implementation of the RTI Act in letter and spirit,'' a senior official said.
  20. seekinginformation


    Hi Dear Friends, I am Gulshan Tanwar, practicing at Delhi High Court and its Sub-ordinate Courts. My area of practice is Family matters, Rent matters, criminal matters, civil matters, constitutional matters and other matters which are very minute in nature. If you want to know what a legal help can do to you, can take it from any lawyer of your choice. The clarity is that thing which will help the countrymen, saving their time and money and thus helping them to have justice in every end.
  21. Atul Patankar

    Not just a pebble

    Op-Ed by Dilip Cherian at The Asian Age on 19 July, 2009 Jul 19 : Wily netas can be made to declare details of their assets at election time, so why not my favourite tribesmen at promotion time? Even as the Central Information Commission (CIC) is after judges to get them to declare their assets, a lawyer in Punjab has turned the Right to Information (RTI) heat on Indian Administrative Service (IAS) and Indian Police Service (IPS) officers in the state. But the lawyer's query, filed under the RTI Act, has got the state personnel department all worked up. The application only seeks to know at the start whether IAS and IPS officers are required to submit their statement of assets periodically to the government. If, yes, the applicant has sought the tax return statements submitted by babus initially at the time of joining service. So far the department has refused to share details of the assets owned by babus, although it admitted that babus submit a statement of assets every year. Will tax records match these, or will both be works of artifice is the question. According to sources, the lawyer has now gone a step further and filed an application with the first appellate authority of the personnel department, which has sent a letter to the secretary, department of information and technology, seeking advice on the appeal. Meanwhile, other advocates are also of the opinion that IAS and IPS officers cannot continue withholding details of their assets as this information is not strictly personal. Who'll prevail, is what we and my favourite tribesmen would really like to know. Now we know why there are serious attempts by babus to get the RTI diluted. The unholy alliance of babus, judges and politicians could prove too mighty for the masses to resist. Source: The Asian Age - Enjoy the difference
  22. All, I have a ancestral property in my village. My father were 3 brothers, and when they decided to separate each other, it was finalized that house will be owned my father. I have written stamp paper of that agreement between my uncles and father. My father did the name transfer of the property recently (some 1 year back) and they were separated a way back around 1983. My father has passed away recently, now property as per the Nagar Palika, is on my father;s name. Basis for the name transfer was the agreement between my father and uncle and death certificate of my uncle. Now as my father has passed away, I am trying to get the property transfered to my mother;s name. There are some hurdles put down by my cousin in this process, they are trying to stop this transfer. I have the name transfer certificate issued by Nagar Palika as well as agreement between my father and uncle. Does my cousins have rights to stop this name transfer.. and what could I do to stop them from putting hurdles. Hope to get response as soon as possible. Thanks Gaurav
  23. shahharesh

    Registration Papers

    Hello, I would like to get the registration papers and other details of our society plot here in Chembur. Could anyone of you'll guide me in the process of writing an RTI for this cause, and also let me know the person whom I am supposed to address it? Thanks, Haresh Shah
  24. Hi I have recently purchased a resale flat in Pune. I am "Third purchaser" of the said flat. The agreement to sale between the "first purhcaser" and the builder was lodged for registration at Haveli No4, Pune in May,1994. But it was never handed over to anyone from the office. As per the registration procedures of that time it used to take 2-3 years before one can get the registered agreement from the office of Sub Registrar. I have checked with the local authorities of the office and they have confirmed that the agreement was submitted for registration and it has never been handed over to anyone. However, they are not helping me to trace the document citing obvious reasons of too much work load. I want to file RTI application to know the status of the said agreement. Please let me know how should I frame my question and where to submit the application. If you any sample application form, then please share the same.
  25. sriram_v


    Is there some way to force all govt departments to publish all acts, rules, regulations and guidelines on websites to reduce harassment by bureaucrats? Is RTI the only solution for this ot something as basic as this should be done ab initio by all Govt arms (maybe this can be forced through PILs)? I was looking for information on property tax assessment in mumbai and could not find any definitive information.
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