Central Information Commission
Abir Das vs Ministry Of Environment & Forests on 20 July, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MOENF/A/2021/630599
Abir Das ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Ministry of Environment Forest and
Climate Change, RTI Cell, Indira Parayavaran
Bhawan, Jor Bagh, New Delhi - 110003. .... ितवादीगण /Respondent
Date of Hearing : 18/07/2022
Date of Decision : 18/07/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 03/05/2021
CPIO replied on : 18/05/2021
First appeal filed on : 25/05/2021
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 15/07/2021
Information sought:
The Appellant filed an online RTI application dated 03.05.2021 seeking the following information:
"Shree Jivdani Devi Sansthan (SJDS) had started the construction of said FUNICULAR ROPEWAY SYSTEM in April 2018 and completed around mid of 2020. Thereafter, SJDS have been operating the System since November 2020 and have been charging to the public Rs.200/- for each Ride of the FUNICULAR ROPEWAY SYSTEM but on the Ticket the word 'DONATION' is mentioned instead of 'FARE'. Photo copies of Two Tickets for said Rides are attached for your ready reference bearing no. 127142 dated 20.11.2020 & no. 143165 dated 09.01.2021. Apart from 1 the above tickets, we are also providing a link of the recent electronic media report of a TV News Channel (News 11, Maharashtra) in which the reporter is onboard the funicular system and is explaining the details of the system to the public.. The links are as follows:-
Link: http://youtu.be/OAxKyYil6iU In this connection I would request you to kindly provide me the following information :
1) Have you given the Environmental Clearance or any other Permission to Shree Jivdani Devi Sansthan (Erstwhile Shree Jivdani Devi Temple Trust), Virar (East), District - Palghar, Maharashtra for installation and operation of a FUNICULARROPEWAY SYSTEM by Shree Jivdani Devi Sansthan (Public Registration No.A/397) at Shree Jivdani Devi Temple, Shree Jivdani Marg, Village - Virar, Taluka - Vasai, District - Palghar, PIN-401305, Maharashtra.
2) If you had given the permission for the FUNICULAR ROPEWAY SYSTEM to Shree Jivdani Devi Sansthan (SJDS), please provide me a copy of the said permission granted to them.
3) In case you did not give the said permission, please let me know whether you knew about this matter. If yes, then what action did you initiate against such illegal activities of SJDS since the FUNICULAR ROPEWAY SYSTEM has been constructed without any permission and thereafter they have been operating the same commercially also?
4) In case you did not know about this illegal activities of SJDS please let me know what penal action is being taken/will be taken against SJDS by your good office."
The CPIO furnished a point wise reply to the appellant on 18.05.2021 stating as follows:-
"Point No. 1:- The Environmental Clearance was granted to the project vide letter No. SEAC-2005/CR.26/TC2 dated 17.09.2009 by the SEIAA, Maharashtra. Thereafter, construction works nail been started but due to change in technology of ropeway, the work had been stopped at the site. The project was then applied at SEAC (Maharashtra) for modernization of the ropeway project which was deferred in 150th SEAC meeting dated 4th May, 2018.
Point No. 2:- The project falls under activity 7(g) of the schedule of EIA notification, 2006 under category A, due to applicability of general condition as the project lies at 4.4 km from Notified WLS (Tungareshwar WLS) under Wildlife Protection Act 1972 and 2.5 km from the Notified ESZ of Tungareshwar WLS dated 11th September, 2019. S.O. 3250(E).2
Point No. 3:- The ToR was granted by this Ministry vide letter No. 10- 46/2019-IA.III on 03 12.2019 (Copy enclosed).
Point No. 4:- On violation of the norms/rules of the EIA Notification, action will be taken as per the EIA Notification, 2006 and subsequent amendments (All the information are available on the Parivesh Portal of the Ministry- http://parivesh.nic.in)."
Being dissatisfied, the appellant filed a First Appeal dated 25.05.2021. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the ground of incorrect reply furnished by the CPIO.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: R S Bora, D.S. & CPIO present through intra-video conference.
The CPIO submitted that a point wise reply along with relevant extract of the notification under which environment clearance was granted to the project, has already been provided to the Appellant in terms of RTI Act.
Decision:
The Commission upon a perusal of records finds no infirmity in the reply provided by the CPIO as the same adequately suffices the information sought by the Appellant as per the provisions of RTI Act.
Moreover, the Appellant did not avail the opportunity to plead his case or contest CPIO's submission despite receipt of hearing notice.
In view of the above, no further intervention of the Commission is warranted in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 3 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4