Central Information Commission
Pawan Kumar Banta vs Ministry Of Environment & Forests on 6 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MOENF/A/2023/140561
Pawan Kumar Banta .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Ministry of Environment, Forest and
Climate Change, Indira Parayavaran
Bhawan, Aliganj Road, Jor Bagh,
New Delhi - 110003 .... ितवादीगण /Respondent
Date of Hearing : 29.01.2025
Date of Decision : 06.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 19.06.2023
CPIO replied on : Not on record
First appeal filed on : 24.07.2023
First Appellate Authority's order : 17.08.2023
2nd Appeal/Complaint dated : 05.10.2023
Information sought:
The Appellant filed an RTI application (offline) dated 19.06.2023 seeking the following information:
"Dr Pawan Kumar Banta, Complainant, 500 A, Sector IV, New Shimla 171009 sent complaint dated 10.04.2023 vide speed post EE758931145IN received on 12/04/2023 subjected as:
SUBJECT:-Page 1 of 5
1. MISLEADING & WRONG EXPLANTION BY M/S NIRVANA WOODS & HOTEL PVT. LTD, VILLAGE RIRKA & KIARI, SHIMLA RURAL
2. NO ACTION BY DISTRICT ADMINISTRATION FOR VIOLATION OF SECTION 118 OF HP TENANCY AND LAND REFORMS ACT 1972
3. ILLEGAL APPROVAL OF REVISED PLANNING MAPS IN 2017 BY DEPUTY COMMISSIONER, DISTRICT SHIMLA AS CHAIRMAN, SPECIAL AREA DEVELOPMENT AUTHORITY AS HAS NO JURISDICTION BEING AREA FALLS UNDER MUNICIPAL CORPORATION, SHIMLA 2006 & 2016.
4. THE REAL ESTATE REGULATION AUTHORITY, HIMACHAL PRADESH REGISTERED THE PROJECT FOR RESIDENTIAL COLONY IN 2020 WITHOUT CONSIDERING THE FIRS LOGDED AGAINST THE SHRI PANKAJ GUPTA, DIRECTOR OF M/S NIRVANA WOODS & HOTEL PVT. LTD, VILLAGE RIRKA & KIARI, SHIMLA RURAL AS THE THAN THE DIRECTOR 7 LAW OFFICER, DEPARTMENT OF TOWN & COUNTRY PLANNING, HIMACHAL PRADESH ASSOCIATED AS NODAL OFFICERS. ASSOCIATED AS NODAL OFFICERS.
5. DEPARTMENT OF TOWN & COUNTRY PLANNING, HIMACHAL PRADESH ILLEGALLY APPROVED THE HEIGHT OF M/S NIRVANA WOODS & HOTEL PVT. LTD, VILLAGE RIRKA & KIARI, SHIMLA RURAL IN THE COUNCIL OF MINISTERS MEETING
6. HIMACHAL PRADESH STATE EXPERTS APPRAISAL COMMITTEE, STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, HIMACHAL PRADESH, MINISTRY OF ENVIRONMENT, FOREST CLIMATE CHANGE, GOVERNMENT OF INDIA, DEPARTMENT SCIENCE AND TECHNOLOGY HAS NOT IMPLEMENTED THE ORDERS OF HON'BLE NATIONAL GREEN TRIBUNAL IN LETTER AND SPIRIT.
7. DEPARTMENT OF FOREST, HIMACHAL PRADESH FAILS TO PROVIDE ACTUAL FELLING OF STANDING TREES FOR IDENTIFYING ENVIRONMENT DEGRATION BY M/S NIRVANA WOODS & HOTEL PVT. LTD, VILLAGE RIRKA & KIARI, SHIMLA RURAL
8. MUNICIPAL CORPORATION, SHIMLA IN ITS MEETING OF HOUSE PLAN APPROVAL COMMITTEE APPROVED THE REVISED PLAN OF M/S NIRVANA WOODS & HOTEL PVT. LTD, VILLAGE RIRKA & KIARI, SHIMLA RURAL WITHOUT PROCURING THE REQUISITE MANDATORY APPROVALS AS NO ENVIRONMENT CLEARANCE CERTIFICATE CONSENT TO ESTABLISH, CONSENT TO OPERATE, NO OBJECTION CERTIFICATE FROM HP PUBLIC WORKS DEPARTMET & REGISTERATION WITH TOURISM DEPRATMENT, AND ABOVE ALL WITHOUT LATEST DEMARCATION REPORT.
9. MUNICIPAL CORPORATION, SHIMLA IN ITS MEETING OF HOUSE PLAN APPROVAL COMMITTEE APPROVED THE REVISED PLAN WITHOUT OF M/S NIRVANA WOODS & HOTEL PVT. LTD, VILLAGE RIRKA & KIARI, SHIMLA RURAL AS MIS-MATCH OF TATIMA & PLANNING MAPS OBSERVED BY FIELD STAFF.
10. MUNICIPAL CORPORATION, SHIMLA AND DEPARTMENT OF TOWN & COUNTRY PLANNING FAILS TO INITIATE ACTION AGAINST M/S NIRVANA WOODS & HOTEL PVT. LTD, VILLAGE RIRKA & KIARI, SHIMLA RURAL FOR NON Page 2 of 5 COMPLIANCE OF AFFIDAVIT SUBMITTED WITH FORM 50 FOR FRESH ENVIRONMENT CLEARANCE CERTIFICATE, CONSENT TO ESTABLISH, CONSENT TO OPERATE,"
Having not received any response from CPIO, the appellant filed a First Appeal dated 24.07.2023. The FAA vide its order dated 17.08.2023, held as under.
"The appeal of Shri Pawan Kumar Banta, 500-A, Sector-4, New Shimla Himachal Pradesh - 171009, hereinafter referred to as the Appellant, is received under section 19 of RTI Act, 2005. He is aggrieved that the CPIO has not provided information within the prescribed time limit, which was sought vide RTI Application Reg. No. MOENF/R/P/23/00330 dated 28.06.2023.
2. In this regard, CPIO is hereby directed to go through the concerned raised in the said appeal and respond adequately within 10 days of issue of this order.
3. With above order, the Appeal stands disposed off."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Dr. S. Prabhu, CPIO-cum-Scientist-'D', attended the hearing in person.
The Appellant did not participate in the hearing despite service of the hearing notice.
The Respondent submitted that in compliance with the orders passed by the First Appellate Authority, the matter was examined, wherein it was found out that a copy of the representation of the Appellant was forward to SEIAA, Himachal Pradesh, on 17.08.2023, which comes under the concerned State Government. That is why the Appellant was requested to kindly contact the State level Authority. The Respondent submitted that the Appellant has not served a copy of his second appeal to them.
A written submission has been received from Dr. S. Prabhu, CPIO-cum- Scientist-D, vide letter dated 27.01.2025, wherein the Commission has been apprised as under:Page 3 of 5
"This refers to the Hon'ble CIC order No. CIC/MOENF/A/2023/140561 dated 13.01.2025 received from RTI Cell, Ministry of Environment, Forest & Climate Change regarding the "Notice of Hearing for Appeal/Complaint" in the matter of RTI Application filed by Dr. Pawan Kumar Banta dated 28.06.2023 seeking information with respect copies of intra & inter Department Communication on the construction project carried out by M/s Ninvana Woods and Hotel Private Limited at Village Rirka & Kari, Shimla Rural, Himachal Pradesh under the provisions of the RTI Act, 2005.
2. In this regard, the following is humbly submitted:
Earlier, Dr. Pawan Kumar Banta had submitted that application No.MOENF/R/P/23/00062 dated 14/02/2023 requesting information with respect to the project related documents of the copies of intra & inter Department Communication on the construction project carried out by M/s Ninvana Woods and Hotel Private Limited at Village Rirka & Kari, Shimla Rural, Himachal Pradesh under the RTI Act, 2005. Thereafter, the CPIO provided the information through RTI portal and it is mentioned that "The complaint received vide email dated 4th February 2023 has been sent to SEIAA Himachal Pradesh vide letter NO 19/14/2023-IA-III dated 6th March 2023 copy enclosed for appropriate action". Accordingly, this RTI was disposed (Copy enclosed as Annexure-I).
Thereafter, the applicant had submitted another RTI application MOENF/R/P/23/00330 dated 28.06.2023 seeking following information (Copy enclosed as Annexure-II):
A. Copy of the complaint or representation, B. Copies of intra & Inter Department communication on the matter. C. Action Taken or Status report.
D. Copies of files noting for Point No1.
The CPIO has not find out the above representation, thus, the RTI is not timely disposed of.
Accordingly, the applicant had submitted first appeal on 24.07.2023. The First Appellate Authority (FAA) issued an order dated 17.08.2023, observed that the CPIO had provided the available information. The FAA directed the CPIO to go through the concerns raised in the said appeal and respond adequately within 10 days of issue of this order (Copy enclosed as Annexure-III).
In pursuance to the FAA order, the matter has been examined and has find the copy of the representation and forward to SEIAA, Himachal Pradesh on 17.08.2023 for necessary action (Copy enclosed as Annexure-IV).
3. Accordingly, the reply was sent to the RTI applicant on 17.08.2023 and informed that this division has provided the information to the applicant under the RTI Act, 2005. In view of the above, your RTI application regarding IA - Infra-2 Sector is disposed of (Copy enclosed as Annexure-V).
4. Thereafter, this matter was examined again and it was noted that as per the available documents there's no reply received from SEIAA, Himachal Pradesh.
5. As per the availability of the documents relevant to the project, the CPIO had provided from time to time the information / document as sought by the applicant.
Further, the said proposal is covered under the scheduled item No. 8(a) Building Construction Projects and 8(b) Townships and Area Developments Project as per EIA Page 4 of 5 Notification, 2006 as amended, which come under the State level (State Environment Impact Assessment Authority). Therefore, the applicant has requested that kindly contact to the State level Authority. Further, as per the provision laid down in the para no 3 (iv) of the OM dated 12.06.2008 issued by the Department of Personnel and Training, an RTI application submitted at the Central level cannot be transferred to the State Government/ UT Administration.
6. In view of above, it is humbly submitted that the above reply of the CPIO may be taken on record and not to initiate any adverse orders as there is no wilful concealment of the information by the CPIO or delay in providing the information sought as there is no other information/supporting documents available with the CPIO to be shared.
7. In view of the above, the Hon'ble Commission is requested to kindly consider the above submission."
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the subject-matter of the instant RTI Application pertains to i.e. SEIAA, Himachal Pradesh which is State level authority under the Himachal Pradesh Government. Therefore, the Appellant is advised to take-up the issue before the concerned State authority and SIC as the Commission is not empowered to adjudicate upon the matters which are outside the purview of Central List.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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