Central Information Commission
Kondamuri Kusuma Nagendra Prasad vs Ministry Of Environment & Forests on 24 August, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क ीय सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई िद ी - 110067
Munirka, New Delhi-110067
File no.: CIC/MOENF/A/2019/128822
In the matter of:
Kondamuri Kusuma Nagendra Prasad
... Appellant
VS
Central Public Information Officer
Ministry Of Environment Forests & Climate Change,
Regional Office, 1st & 2nd floor, HEPC Building,
No 34, Cathedral Garden Road
Nungambakkam Chennai 600034
...Respondent
RTI application filed on : 03/10/2018 CPIO replied on : 12/10/2018 First appeal filed on : 16/10/2018
First Appellate Authority order : 24/10/2018 Second Appeal dated : 12/06/2019 Date of Hearing : 23/08/2021 Date of Decision : 23/08/2021 The following were present: Appellant: Not present
Respondent: Dr. M.T. Karuppiah, Scientist -D & CPIO, heard over phone Information Sought:
The appellant has sought the following information:
1. Provide copies of all permissions/sanctions given for river sand quarrying in the State of Andhra Pradesh.
2. Provide copies of special permissions/sanctions for river sand quarrying given for the Sand Reaches at Pillanka & Govalnka of Tallarevu Mandal, East Godavari District, Andhra Pradesh.1
3. Provide the copies of special permissions/sanctions for river sand quarrying given for the Sand Reaches at Masakapilli of K.Gangavaram Mandal, East Godavari District, Andhra Pradesh.
4. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present to plead his case, however, in his second appeal memo he had stated that he is not satisfied with the reply of the CPIO as no information was provided on points no. 2 to 4 of the RTI application. The CPIO reiterated the contents of his written submissions dated 16.08.2021.
Observations:
From a perusal of the relevant case records, it is noted that initially the CPIO in his reply dated 12.10.2018 had provided some information consisting of 110 pages and by virtue of the same letter, the RTI application was transferred to the PIO of State Level Environment Impact Assessment Authority (SEIAA) Andhra Pradesh, under Section 6(3) of RTI Act, 2005 as part information was available with them. The CPIO in his written submissions dated 16.08.2021 had informed that SEIAA, Andhra Pradesh vide letter dated 26.12.2018 informed the Appellant that 1440 pages of requisite information is available with them and he was asked to pay an amount of Rs 2880/- as photocopying charges. Since the appellant was not present, it could not be ascertained as to whether he had deposited the requisite charges as sought for by SEIAA or not. Under such circumstances, the Commission finds that whatever information was available with the CPIO, was supplied to the appellant and for the rest of the information, the RTI was rightly transferred to the State Authority.
Be that as it may, since the available information has been already supplied to the appellant, no further relief can be given.
Decision:
In view of the above, the Commission upholds the submissions of the CPIO and does not find any scope for further interference in the matter.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू नाआयु त) 2 Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3