Central Information Commission
Mr. Afroj Alam Sahil vs Govt. Of Nct Of Delhi, Department Of ... on 30 October, 2009
CENTRAL INFORMATION COMMISSION
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Decision No.CIC/SG/A/2009/002243/5326
Appeal No. CIC/SG/A/2009/002243
Appellant : Mr. Afroj Alam Sahil,
F-56/23, Sir Syed Road,
Batla House, Okhla,
New Delhi-110025
Respondent : Mr. R.S.Sinha
State Public Information officer Dy. Conservator of Forests Govt. of NCT of Delhi Department of Forest and wildlife North Forest Division, Kamala Nehru Ridge, Delhi-110007 RTI application filed on : 02/03/2009 PIO replied : 17/04/2009 First Appeal filed on : 02/05/2009 First Appellate Authority order : 21/07/2009 Second Appeal Received on : 02/09/2009 S.No Information Sought PIO's Reply
1. Number of trees has been removed in S.No year Total no. of Trees the last 5 years in the name of Permitted for Removal different developmental works in Delhi?
Information has been provided by Sl. No 1 through 5 in above mentioned format.
PIO mentioned that above details include all types of permission of removal of trees including those of Private applicants, dangerous trees etc.
2. Whether trees have been planted in The status of Compensatory Plantation as on lieu of the trees that were date in lieu of the permission granted are as removed/felled? Give the number of follows:
trees planted? Mention the location where the plantation has been done? Sl.No year Total no. of Trees planted against which confirmation available (excluding DMRC) is as on dated.
Information has been provided by Sl. No 1 through 5 in above mentioned format. Detail information on the location of the Compensatory Plantation done is available in the individual case file. If Appellant so desires, he may inspect the file on prefixed time. However, it is to add that in this division the Department has carried out Plantation (12889 nos. of saplings) at Ghazipur-Hindon Cut on behalf of DMRC.
3. Provide the details of action that can Refer to the Delhi preservation of Trees Act' be initiated/taken by the Department 1994 if any person(s) removes/fells trees for his own purpose.
4. Number of tress removed for the Permission of removal of 2986 nos. of trees of Commonwealth games from January the Commonwealth Games during the period 2008, till date and the number of trees January' 2008 to March 2009, has been granted have been planted in lieu of them. by the North Forest Division (earlier Central Forest Division).Information on the plantation in lieu of them is awaited from the Appellant.
5. Number of trees has been removed Permission of removal of 387 nos. of trees of the for the Delhi Metro from January DMRC for the perod of January' 2008 to March 2008, till date and number of tree has 2009 has been granted by the North Forest been planted in lieu of them. Division (earlier Central Forest division) vide various orders. In lieu of the above permissions against 197 nos of trees 1928 nos. of nos. of saplings planted at Gazipur-Hindon cut. For the remaining, the compensatory plantation is being done in West Forest division.
6. Provide details of Cost/expenditure Information is not available in respect of incurred on felling and plantation of expenditure on felling and plantation which has trees of the last five years, separately. been incurred by the Appellant. Regarding expenditure spent on plantation of 12,889 nos. of saplings at Ghazipur -Hindon Cut on behalf of DMRC, upto 31/03/2009, Rs. 14, 92, 068/ has been spent.
7. Number of Advertisements have been Nil published during the last 5 years for creating Public awareness on Environmental issues and the cost Grounds for First Appeal:
Incomplete and misleading information.
Order of the First Appellate Authority:
FAA stated that the Appellant had not mentioned about how information was incomplete and what is not furnished by the SPIO. FAA mentioned that information sought had been furnished by all the three Divisions of Forest Department to the Appellant about the issues related to permission granted of tree felling in Delhi.
Grounds for Second Appeal:
Incomplete and misleading information provided. From West division, information had not been furnished till date.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent Respondent: Mr. R.S.Sinha, State Public Information officer & Dy. Conservator of Forests;
Mr. Ajay Sharma, Government Counsel on behalf of Govt. of N.C.T. of Delhi; The PIO appears to have given the information to the Appellant. According to the FAA's order the information of South & West Division had not been provided. The order however records that the information has now been provided. Based on this it appears that the information had been provided to the Appellant.
Decision:
The appeal is disposed.
The information had been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 30 October 2009 (In any correspondence on this decision, mention the complete decision number.)Rnj