Central Information Commission
CIC/AD/A/X/2009/051
Dated January 27, 2009
Name of the Appellant : Ms. Kanchi Kohli
Kalpavriksha, 134 Tower 10
Supreme Enclave, Mayur Vihar -I,
Delhi - 110 091
Name of Public Authority : Ministry of Environment and Forests IA
Division
Background
1. The RTI request was filed on 17.04.08. The Appellant requested the
Ministry to provide information pertaining to the period between Nov 2007 to
April 2008 including but not restricted to correspondences (letters, memos,
notices, presentation) between:
i. State Government and the Ministry with regard to the issuance and
implementation of EIA notification;
ii. office in charge of MoEF, PMO and MoEF;
iii. PMO and MoEF.
2. PIO’s Order
The PIO replied on 22.05.08 stating that the all the relevant documents in
this regard had been already previously supplied on 02.05.2008 to the
Appellant in response to her earlier RTI application dated 05.02.2008. The
said information pertained to the period of September 2006 to February 2007.
It was further stated by the PIO in his communication that the MoEF had not
finalized any amendment in the EIA notification 2006, subsequently hence no
additional information was available.
3. The appellant filed her FIRST APPEAL invoking Section 19 of the RTI Act 2005
before the Appellate Authority on 11.06.08. Being aggrieved by the refusal in
the supply of information on the presumption that information has already
been shared, the Appellant specifically submitted that the assumption that
the information has already been shared or is sought only regarding the
amendments is erroneous and misconceived and hence the refusal of the
information on that basis is also against the spirit and intent of the Act.
2. The Appellant did not receive any response to the said First Appeal and hence
being aggrieved due to non receipt of any response from the Appellate
Authority and deemed refusal of the PIO, the Appellant approached the
Commission vide her Appeal dated 28.08.2008. While seeking redressal by
way of supply of information, the appellant stressed that the same pertaining
to the process determining environmental clearance of development has a
critical bearing on people’s livelihoods and environmental impacts on sensitive
regions in the country. The appellant stated that such Governmental policies
and formulations will have widespread impact on environment as also on
public at large, and that such information is sought primarily in the interest of
social and natural justice.
5. The Commission sought the response of the Respondent/s vide the
communication dated 15.01.09. No response from the Respondent/s has been
received so far.
6. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for January 27, 2009.
7. Mr. S.K. Aggarwal, Director and Ms. Nalini Bhat, Advisor represented the
Public Authority.
8. The Appellant along with Mr. Vikal was present at the hearing.
Decision
5. The Appellant expressed her worry that the Ministry might consider it too late
to receive comments/suggestions from the concerned groups, on the draft
Notification. However, she was assured by the Respondents that the draft
would be up on the website for 60 days and that all
recommendations/suggestions posted by different groups would be carefully
studied and analysed before taking a decision on whether to incorporate them
or not. They also added that interactions with several groups are held by the
Ministry before finalization of the Notification. However, the Appellant’s main
contention was that once the comments are sent there is no way that civil
society groups get to know whether their suggestions have been considered
or not since no such interactions take place with such groups. .
6. The Commission accordingly urges the CPIO to include Civil Society Groups in
the list of interested groups with whom the Ministry claims that it interacts
before finalizing the Notification, to make the finalization process more
participatory in nature. A copy of the proceedings of meetings with civil
society groups, whenever it takes place, to be shared with the Commission
and also to be placed on the website along with proceedings of interactions
with other groups, as they emerge, as mandated in the RTI Act. The
Commission also directs the CPIO to provide available information sought by
the Appellant in her RTI request, within 15 days of receipt of this Order.
7. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Ms. Kanchi Kohli
Kalpavriksha, 134 Tower 10
Supreme Enclave, Mayur Vihar -I,
Delhi – 110 091
2. The Director & CPIO,
Ministry of Environment & Forests
Paryavaran Bhawan
CGO Complex, Lodhi Road,
New Delhi – 110 003
3. The Special Secretary & Appellate Authority,
Ministry of Environment & Forests
Paryavaran Bhawan
CGO Complex, Lodhi Road,
New Delhi – 110 003
4. Officer in charge, NIC
5. Press E Group, CIC