Central Information Commission
CIC/AD/C/X/08/00038
Dated March 17, 2009
Name of the Applicant : Mr. D. Nandan
Name of the Public Authority : M/o Environment & Forests
Background
1. The Applicant filed an RTI application dt.22.8.08 with the CPIO, MoEF. He
requested for permission, approval & sanction of 10.190 ha of forest land on
which Tawa-1 coal mines are running under Western Coalfields Ltd. (WCL),
Nagpur under Ministry of Coal. The RTI request was transferred by the CPIO
to the Principal Secretary, Govt. of M.P. and to the General Manager, Western
Coal Fields Ltd. on 1.9.2008 with a request that information be furnished to
the Applicant with a copy to the Ministry. On not receiving any further
information, the Applicant filed his first appeal before the Appellate Authority,
MOEF on 14.12.08 reiterating his request for permission, approval and
sanction of the forest land. In the meantime, the CPIO & Assistant Inspector
General of Forest, wrote to the Applicant on 5.12.08 providing him with
information which was furnished by Western Coalfields Ltd. vide their
communication dated 25.11.08. The applicant, however, preferred a second
appeal before the CIC on 30.12.08 before CIC requesting for either the
correct information or discontinuation of the allegedly illegal Tawa-1 Coal
mines being run by WCL until a compensation of of Rs.6.288 crores is paid to
him.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 17, 2009.
3. Mr. B.K. Singh, CPIO, MOEF represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Commission noted that the Appellant has not specified any information
that he requires and instead has prayed for the CIC’s intervention in providing
him permission, approval and sanction of forest land on which Tawa-1 coal
mines are being run by WCL or discontinuation of these mines until a
compensation amount of Rs.6.288 crores is paid to him. The Commission
holds that what the Appellant is seeking is well beyond its jurisdiction and
therefore, under the circumstances, the appeal is found to be unsustainable
and thereby is rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Shri D.Nandan Loharuka
62A Sai Mahima Colony
Chinch Bhawan
Wardha Road
Nagpur
2. The CPIO
Ministry of Environment & Forests
Paryavaran Bhavan
CGO Complex
Lodhi Road
New Delhi 110 003
3. Officer in charge, NIC
4. Press E Group, CIC