Central Information Commission
Mrajay Dubey vs Ministry Of Environment & Forests on 24 April, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2014/001569
Ajay Dubey v. PIO, M/o Environment & Forest.
Important Dates and time taken:
RTI: 15.07.2014 Reply: Time:
FAA: 22.08.2014 FAO: Time:
SA: 16.1.2014 Hearing:22.04.2015 Decision: 24.04.2015
Result: Disposed of.
Parties Present:
1. Appellant is present through Video Conference from Ranchi. Public authority is
represented by Shri A. N. Singh, Scientist.
FACTS:
2. Appellant through his RTI application had sought for information as to whether environmental clearance has been given to Savitri Bihar Caustic and Chemical Ltd and If yes, details of the same, Whether inspection has been carried out of Jharkhand Pollution Control Board..etc Having received no reply within the prescribed period, the appellant made First Appeal. Claiming nonfurnishing of information, appellant approach the Commission through this present second appeal.
Proceedings Before the Commission:
3. Respondent officer submitted that they had sent their response to the appellant but the same was returned undelivered. Appellant has stated before Commission that he had given his email, cell phone number, fax number etc., but he did not receive any communication through any means. Appellant, who lives near factory also complained that the factory regarding which he was seeking information was since its inception was not having any treatment plant to clean the pollution generated by it and it was causing lot of nuisance to the neighbours.
4. The Commission directs the PIO to ensure delivery of information to the appellant, it is not reasonable to take the issue to second appeal simply because of dispatch of letter did not reach the appellant. The Commission directs the respondent authority to make it point to send the information by post and inform the appellant by email and if necessary use cell phone for communication of dispatch number and courier tracking number if there is any.
5. Appellant wanted to know the compliance of conditions of clearance order since 2009 to till date. The PIO agreed to communicate the same within one month from the date of receipt of this order. The appellant stated that it was duty of Ministry to frequently check whether standards were complied with or not. The Commission directs the respondent authority to provide information sought by the appellant about the compliance by the said firm from2009 to 2015 within one month from the date of receipt of this order.
Sd/-
(M.Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Addresses of the parties:
1. The CPIO under RTI, M/o Environment & Forest, Govt. of India, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi110003.
2. Shri Ajay Dubey, Qtr No. C.D. 488, H.I.C. Sec2, Dhurva, Ranchi834004.