Central Information Commission
Mr. Dhara Gajjar vs M/O Environment & Forests, New Delhi. on 24 September, 2009
Central Information Commission
CIC/AD/A/2009/000539
Dated 24 September, 2009
Name of the Applicant : Mr. Dhara Gajjar,
Name of the Public Authority : M/o Environment & Forests,
New Delhi.
Background
1. The Applicant filed her RTI application on 19.02.09 with the CPIO, M/o Environment & Forests, New Delhi requesting for the following information:-
(i) As per EIA Notification 2006, which are the states or Union Territories which did not constitute State Environmental Impact Assessment Authority (SEIAA) and State Expert Appraisal Committee (SEAC)?
(ii) For non implementation of SEIAA and SEAC what kind of action is taken by Ministry of Environment and Forests (MoEF)? Give details (Circulars notices, file Noting, etc.) The CPIO replied on 09.03.09 informing the Applicant that proposals for constitution of SEIAA/SEAC have been received fro the States of Assam, Bihar, Goa, Jharkhand, Lakshadweep and Chandigarh and examined and certain clarifications have been sought which are awaited. Proposal received from Mizoram is still being examined. Other States/UTs have been reminded to send their proposals. She added that till such time the SEIAA/SEACs are constituted in the aforesaid States/UTs, proposals received for environmental clearance under the EIA Notification are being examined by the Ministry. The CPIO also enclosed the status of SEIAAs and SEACs under the EIA Notification, 2006. However, being aggrieved with the reply the Applicant filed his Second Appeal before the CIC on 06.06.09 requesting for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on 24 September, 2009.
3. Dr. L. P. Ahutarai, Director & CPIO represented the Public Authority.
4. The Applicant was heard through audio conference during the hearing.
Decision
5. The Appellant stated that she is not satisfied with the information furnished to her as it was not the information being sought by her. She had specifically requested for the action taken on States /UTs for not setting up SEIAAs and SEACs. The Respondent admitted having inadvertently provided the wrong reply and stated that a letter has been sent to States/UTs in this connection reminding them to do the needful.
6. The Commission, after hearing both sides, directs the CPIO to provide a certified copy of the letter she referred as given hereinabove. The Appellant may also be allowed to inspect relevant files in this connection and be furnished with certified copies of documents she requires. All information to be provided by 2 October, 2009 (Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Assistant Registrar Cc:
1. Mr. Dhara Gajjar, H.No.19, Satyam Ram House, Near Gayatri, Temple, Heghway, Kolal.
2. The CPIO M/o Enviornament & Forests, (IA Division) Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi.
3. Officer in charge, NIC
4. Press E Group, CIC