Central Information Commission
Mr.Dhani Ram Maslai vs Hindustan Paper Corporation Ltd. on 4 July, 2013
Central Information Commission
Room No. 305 B- Wing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Case No. CIC/SS/A/2012/002615
Dated: 4.7.2013
Name of the Appellant: D.R Saslai (heard via video conference)
Name of the Public Authority: Hindustan Paper Corporation, Kolkata
Represented by: T.K Chakarporty (GM/HR, FAA),
K Babaji (CPIO)
Date of hearing: 30.4.2013
ORDER
1. The appellant filed an RTI application addresed to H.P.C, Nagaon Paper Mill dated 15.11.2011 seeking information regardint the forest royalty etc paid to Karbi Anglong Autonomous Council, Diphu (KAAC) for operating the paper mill yearly.
2. The CPIO denied the information under section 8 (1) (d) of the RTI Act.
3. The appellant filed first appeal dated 13.1.2012 which was dispossed off by the first appellate authority vide letter dated 26.3.2012 wherein the decision of the CPIO was upheld.
4. The respondent submits vide his written submissions that "the royalty paid by HPC to KAAC is on the basis of the agreement arrived at between these two parties and on the basis of such agreement KAAC allots bamboo coupes to HPC and HPC pays royalty to KAAC on the quantity extracted from the alloted coupes. After allotment, HPC floats open tender for extraction and transportation of the bamboos from alloted coupe to HPC. The succesful bidders are awarded orders for extraction and transportation of the bamboos from copue to HPC. HPC is has similar agreement with other with other Autonomous Councils for procurement of bamboos. In case the KAAC's royalty amount, which is an information of commercial confidence and trade secret, is disclosed, it may adversely affect the competitive position of the Company in respectt of the rate given for procurement of KAAC bamboos."
4. In the matter of Jamia Millia Islamia Vs Sh. Ikramuddin decided on 22.11.2011 the Hon'ble Delhi High Court held as under:
"The information directed to be disclosed by the CIC in its impugned order is the copies of the Agreement/settlement arrived at between the petitioner and one Abdul Sattar pertaining to Gaffar Manzil Land. The petitioner University is a statutory body and a public authority. The act of entering into an agreement with any other person/entity by a public authority would be a public activity and as it would involve giving or taking of consideration, which would entail involvement of public funds, the agreement would also involve public interest. Every citizen is entitled to know what terms the agreement/settlement has been reached by the petitioner public authority with any other entity or individual. The petitioner cannot be permitted to keep the said information under wraps."
5. In the present second appeal , the appellant has sought the royalty paid per year for the period 2005-2011, the appellant has not sought the details as to how the final (royalty) amount is arrived at, to that extent the submissions of the respondent are misplaced. As the said details regarding how the said royalty figure is arrived at is not sought, the Commission will refrain itself from deciding on that issue.
As far as the amount of royalty paid per year from one public authority to another public authority is sought, the information is disclosable, moreover the respondent has not been able to establish how it would harm the competitive position of the respondent. The Commission hereby directs the respondent to provide the royalty paid to KAAC on yearly basis for the period 2005-2011.
Directions of the Commission are to be complied within two weeks from the receipt of the order.
Sushma Singh Information Commissioner Authenticated True Copy:
(DC Singh) Deputy Registrar Name & Address of Parties:
1. Appellant:
Dhaniram Maslai, Vill. Amswai-Lalung, P.O Umswai, Distirct Karbi Anglong, Assam - 782413
2. Public Information Officer & Dy. General Manager (HR), Hindustan Paper Corporation Ltd.
75-C, Park Street, Kolkatta 7000016
3. First Appellate Authority & General Manager (HR), Hindustan Paper Corporation Ltd.
75-C, Park Street, Kolkatta 7000016