Central Information Commission
CIC/AD/C/09/00031
Dated February 11, 2009
Name of the Appellant : Mr.Swami Ramdev
Name of the Public Authority : M/o Environment & Forests
Background
1. The Appellant filed an RTI application dt.22.6.07 with the CPIO, M/o
Environment & Forests. He stated in his application that vide the Forest
Department’s letter dt.21.5.1972, a plot of land of area 25yds x 25 yards was
leased out for a period of 5 years for the purpose of conducting ‘Pooja’. In
1995, the lease was to be dissolved for the purpose of park management by
the district administration. As such, the Appellant applied for extension of
lease under the Forest Conservation Act, 1980 and submitted a proposal to
the Director, Rajaji National Park . In his RTI application, the appellant
wanted the following information:
i) Whether the proposal for extension of lease has been rejected by the
State Govt.
ii) Is there any objection raised by the district administration against
extension of the lease
iii) Whether the proposal for extension of lease is being considered by the
department
iv) Whether the proposal for extension of lease is being considered by the
Union Govt.
v) If the proposal is neither being considered at the State / Centre, where
is the proposal.
vi) From the document submitted by the appellant, question is not clear.
vii) Whether proposal for extension of lease has been cleared
The CPIO, MoE&F transferred the case to Lucknow Regional Office on
12.7.07. The CPIO, Lucknow office replied on 23.7.07 giving point wise
information. He also mentioned that the Appellant should get the information
from the State Govt. Not satisfied with the reply, the appellant filed a
complaint dt.15.9.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for February 11, 2009.
3. Mr.Ritu Raj Singh, Divisional Conservator of Forests, represented the Public
Authority.
4. The appellant was not present during the hearing.
Decision
5. The respondent submitted that as per the Forest Conservation Act, 1980 an
individual/organization has to apply/submit a proposal under the Act for
extension of lease which is then examined by the concerned Divisional Forest
Officer, and then forwarded by him to the Nodal officer,(in the present case
in Dehradun) for Uttarakhand. This Nodal officer after reviewing the same
forwards it to the Union Govt. for their approval for land clearance. The
respondent also stated that the relevant formats to be used by the user
agency are provided in the Forest Conservation Rules, 2003. The respondent
further stated that since the area in question is less than 1 hectare, the
decision on the proposal has to be taken by the Regional Office, Lucknow.
6. The Commission directs the CPIO, Regional Office, Lucknow, Ministry of Envt.
& Forests to collect information on the status of the proposal from the CPIO,
Ministry of Envt. & Forests, Dehradun and accordingly provide information to
the Appellant within one month 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. Mr.Swami Ramdev
S/o Swami Ananddev
Bilkaishwar Mahadev Mandir
Tahasil
Haridwar
2. The CPIO
Ministry of Environment & Forests
5th Floor, Kendriya Bhawan
Sector-H, Aliganj
Lucknow 226 024
3. Officer in charge, NIC
4. Press E Group, CIC