Central Information Commission
Sushil Raghav vs Ministry Of Environment & Forests on 21 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MOENF/C/2023/131545
Sushil Raghav ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
Ministry of Environment &
Forests & Climate Change, IA
Division, Indira Paryavaran
Bhawan 5th Floor, Vayu Wing,
Jorbagh Road, New Delhi - 110003 .... ितवादीगण /Respondent
Date of Hearing : 05.11.2024
Date of Decision : 19.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 01.04.2023
CPIO replied on : 24.04.2023
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 17.07.2023
Information sought:
The Complainant filed an RTI application dated 01.04.2023 (offline) seeking the following information:
"I need certified copies/information with respect to the industry namely M/s Bharat Oil Company (India) Regd. situated at Plot No. E-18, Site IV Industrial Area, Sahibabad, Ghaziabad (UP).
1. Certified copy of Environment Clearance (EC) has been accorded by the Ministry of Environment, Forest and Climate Change, Govt of India to Bharat Page 1 of 6 Oil Company (India) Regd. situated at plot No. E-18, Site IV Industrial Area, Sahibabad, Ghaziabad (UP), for you kind information the Regional Officer, Uttar Pradesh Pollution Control Board, Ghaziabad has refused in its reply dated 10.01.2023 that no EC has been accorded till date.
2. Certified copy of any document/information/knowledge through which the Ministry of Environment, Forest and Climate Change, Govt of India is aware of that the Bharat Oil Company (India) Regd. situated at Plot No. E-18, Site IV Industrial Area, Sahibabad, Ghaziabad (UP) has done expansion in the incinerator capacity or for space in the other industry or for incineration.
3. Details with documents of space/how much space/is required Bharat Oil Company (India) Regd. situated at Plot No. E-18, Site IV Industrial - Area, Sahibabad, Ghaziabad (UP) for operation of all activities mentioned in the current Consent to Operate (CTO) of Bharat Oil Company (India) Regd. situated at plot No. E-18, Site IV Industrial Area, Sahibabad, - Ghaziabad (UP).
4. Certified copy of action taken report with daily progress report on the complaints have been filed in the Ministry of Environment, Forest and Climate Change with respect to Bharat Oil Company (India) Regd. situated at plot No. E-18, Site IV Industrial Area, Sahibabad, Ghaziabad (UP).
5. Certified copy of action taken report with daily progress report of action taken against the M/s Bharat Oil Company India (regd.) (Biggest TSDF Incinerator Only of Uttar Pradesh) situated at Plot No. E-18, Site - IV Industrial Area, Sahibabad, Ghaziabad (UP) running without Environment Clearance required from the concerned.
6. Has the Ministry of Environment, Forest and Climate Change have the kind knowledge that the biggest TSDF incineration (only) of Uttar Pradesh namely Bharat Oil Company India Regd. is being operated without Environment Clearance (EC) at Plot No. E-18 Site. IV, Industrial Area Sahibabad, Ghaziabad (UP).
7. Certified copy of Consent to Establish (CTE) of incinerator (only) has been installed at Bharat Oil Company (India) Regd. situated at Plot No. E-18, Site IV Industrial Area, Sahibabad, Ghaziabad (UP). -
8. Certified copy of Consent to Operate (CTO) first obtained for incinerator (only) has been installed at Bharat Oil Company (India) Regd. situated at Plot No. E-18, Site IV Industrial Area, Sahibabad, Ghaziabad (UP) in - 2006.
9. Certified copy of Consent to Operate (CTO) of the expansion capacity of incinerator (only) has been installed at Bharat Oil Company (India) Regd.
situated at Plot No. E-18, Site Ghaziabad (UP). - IV Industrial Area, Sahibabad, Page 2 of 6
10. Certified copy of information or any other source of communication or documents with respect to the expansion capacity of incinerator has been installed at Bharat Oil Company (India) Regd. situated at Plot No. E-18. Site IV Industrial Area, Sahibabad, Ghaziabad (UP).
11. Certified copy of any survey/study/research has been conducted or done with respect to health issues and air quality of surrounding area specially village Karkarmodel situated adjacent to the wall of Bharat Oil Company (India) Regd. situated at Plot No. E-18, Site IV Industrial - Area, Sahibabad, Ghaziabad (UP) by the Ministry of Environment, Forest and Climate Change, New Delhi and Central pollution Control Board New Delhi till date."
The CPIO furnished a reply to the complainant on 24.04.2023 stating as under:
"Kindly refer to your RTI application MOENF/R/P/23/00135 dated 06.04.2023 seeking information regarding Environmental Clearance M/s. Bharat Oil Company (India) located at Plot No. E-18, Site - IV Industrial Area, Sahibabad, Ghaziabad (UP) and provide certified copies with respect to the above EC under the provisions of the RTI Act, 2005.
Ministry has created PARIVESH PORTAL for grant of Environmental Clearance (website URL: parivesh.nic.in). All the applications submitted by the project proponent are available on PARIVESH portal which can be seen by the general public (Public Domain). Hence, it is requested to download information from the PARIVESH portal. However, as per the records available in the Section and PARIVESH Portal w.r.t. Industry-2 sector for RTI application, no any information/communication has been received for Environmental Clearance by M/s. Bharat Oil Company (India) located at Plot No. E-18, Site - IV Industrial Area, Sahibabad, Ghaziabad (UP)."
Being dissatisfied, the complainant failed to file a First Appeal. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Absent.
Respondent: Dr. Mahendra Phulwaria, CPIO-cum-Scientist 'C', attended the hearing in person.Page 3 of 6
The Appellant did not participate in the hearing despite service of hearing.
The Respondent submitted that no Environment Clearance (EC) has been granted to M/s Bharat Oil Company (India) by this Ministry and the same has been informed to the Complainant. He further reiterated the contents of his written submission dated 29.10.2024.
A written submission has been received from Dr. Mahendra Phulwaria, CPIO- cum-Scientist 'C', vide letter dated 29.10.2024, a copy of which has been sent to the Complainant and the same has been taken on record. The relevant extract of the same is as under:
"Upon receipt of RTI application No. MOENF/R/P/23/00135 dated April 6. 2023. the Industry-2 Sector reviewed the matter and informed the applicant that an online portal, PARIVESH, has been created to facilitate the granting of all Environmental Clearances (accessible at the website URL: parivesh.nic.in). All applications submitted by project proponents are readily available in the public domain on the PARIVESH portal. Consequently, the applicant was requested to obtain the required information from the PARIVESH portal.
Furthermore, an examination of the Sector's official records and the PARIVESH Portal revealed that no information, communication, or application pertaining to Environmental Clearance had been received in the Sector from M/s. Bharat Oil Company located at Plot No. E-18, Site IV Industrial Area, Sahibabad, Ghaziabad in relation to this specific RTI request.
It was also observed (Point No. 1 of RTI application) that the applicant had already submitted a request for the same information to the Uttar Pradesh Pollution Control Board Therefore, the specific queries related to the Environmental Clearance have only been considered in to Ministry and others were related to UPPCB.
3. Accordingly, the CPIO, IA (Industry-2) Division has already provided available information in time vide Letter No. IA-J-11012/1/2022-1A-II(1), Dated 24th April, 2023 and thre came was also sent to RTI Cell, MoEFCC and FAA (Industry-2) (Copy enclosed as Annexure-
II).
4. It may kindly be noted that the applicant has never made First Appeal with the First Appellate Authority (FAA) under the provisions of the RTI Act, 2005 (Copy enclosed as Annexure-IV).
5. Upon the CIC Notice dated 17.10.2024, the matter has been examined again and it has been noted that no EC has been granted to M/s Bharat Oil Company (India) by this Ministry. However, it was noted that the application pertained to TSDF (Treatment, Storage and Disposal Facility) incineration boiler installed at M/s Bharat Oil Company (India) situated at Plot No. E- 18, Site IV Industrial Area, Sahibabad, Ghaziabad (UP) and is handled by the Infra-II Sector of MoEF&CC. The matter was Page 4 of 6 then referred to Infra-II Sector for seeking further comments. The comments received from Infra-II Sector are reproduced below:
"As per the records available in the Section and information available on both Parivesh 1.0 and Parivesh 2.0 Portals, no such document is available with Infra-2 Sector relating to EC granted by the MoEF&CC to Bharat Oil Company (India) relating to TSDF incineration."
Copy of Note sheet pages of File No. IA-J-11012/1/2022-IA-II(I) (Copy enclosed as Annexure- V).
6. Other documents requested are not available with the CPIO.
7. 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 any willful default/concealment of the information by the CPIO, since there is no other information/supporting documents are available with the CPIO.
8. Further, it is also humbly submitted that as directed, the CPIO has revisited the contents of RTI application and found that no information sought by the applicant is available."
Decision The Commission observed that the present complaint was filed under Section 18 of the RTI Act, 2005 where the Commission was only required to ascertain if the information has been denied with a mala fide intent or due to an unreasonable cause or under any other clause of Section 18 of RTI Act. In this regard, the Commission relies on one judgment of Hon'ble Supreme Court in "Chief Information Commissioner & Anr. Vs. State of Manipur & Anr." bearing CIVIL APPEAL NOs.10787-10788 OF 2011 decided on 12.12.2011 has held as under:-
"Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the appellant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where Page 5 of 6 statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden."
The above ratio is applicable to this case as well. Since records of the case do not indicate any such deliberate denial or concealment of information on the part of the PIO, the Commission concluded that there was no cause of action which would necessitate action under the provisions of Section 20(1) of the RTI Act, 2005 in the instant complaint.
The Complaint is dismissed 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 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)