Central Information Commission
Thirumalaidasan K vs Ministry Of Environment & Forests on 31 July, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/MOENF/A/2018/130699/01242
File no.: CIC/MOENF/A/2018/130699
In the matter of:
Thirumalaidasan K.
... Appellant
VS
Central Public Information Officer & Scientist D
Ministry of Environment, Forest and Climate Change
Regional office
1st & 2nd Floor, HEPC Building, No.34,
Cathedral Garden Road, Nungambakkam,
Chennai - 600034
... Respondent
RTI application filed on : 07/02/2018 CPIO replied on : 08/03/2018 First appeal filed on : 11/03/2018
First Appellate Authority order : 04/04/2018 Second Appeal dated : 15/05/2018 Date of Hearing : 31/07/2019 Date of Decision : 31/07/2019 The following were present:
Appellant: Present(contacted over phone) Respondent: M T Karuppiah, Scientist B & CPIO, present over VC. Information Sought:
The appellant has sought following information with reference to the application pertaining to the certified compliance report issued by the Ministry of Environment, Forest and Climate Change to the residential project of M/s KG Signature City located at 200 Ft Maduravoyal Bypass., Mogappiar, Chennai:-
1. The details of inspection carried out on setback space, approach road for fire fighting vehicle.1
2. The inspection/ verification details, observation made by MoEF&CC officials before releasing Certified Copy of Compliance Report on FSI/Non FSl, area and / or percentage of Roads, open space allotment and marked as per the details submitted by the project proponent.
3. The details of verification/ inspection on NOC from TN Fire and rescue service in the year 2012, compliance to the NOC requirements and status as on monitoring inspection carried out by MoEF&CC official on 01/08/2017.
4. The details of competent authority to whom complaint to be lodged, if any.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as misleading information had been provided to him. He further submitted that the report which had been provided to him has many incorrect facts and it was also brought to the notice of the FAA but no action has been taken till date. He prayed that he may be allowed to inspect the relevant records.
The CPIO submitted that the existing information had already been provided to the appellant. He further submitted that the appellant is aggrieved with the fact that the report which has been provided to him has many incorrect facts. However, they do not have any authority to correct such errors and for this purpose the appellant may approach the concerned State authorities.
Observations:
From a perusal of the relevant case records, it is noted that the reply of the CPIO is proper. However, the appellant is not satisfied with the information provided by the CPIO and wants to inspect the records. With regard to the grievance of the appellant that the report is not factually correct, the appellant should note that the Commission is not an appropriate forum for redressal of such grievances. He may approach the concerned authority in this regard.
Decision:
Based on the above observations, the CPIO is directed to offer inspection to the appellant at a mutually convenient date and time, within 30 days from the date of receipt of this order. The appellant is directed to avail of the said offer 2 File no.: CIC/MOENF/A/2018/130699 within a period of 01 month from the date of receipt of the letter of inspection from the respondent authority, failing which no further opportunity will be provided to him. The CPIO is also directed to provide the first 10 pages of the relevant documents free of cost to the appellant and thereafter, necessary photocopying charges may be demanded from the appellant.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3