Central Information Commission
Mr. Deoki Nandan Loharuka vs Prime Minister’S Office, Ministry Of ... on 22 August, 2008
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01633 dated 12.12.2007
Right to Information Act 2005 - Section 19
Appellant - Mr. Deoki Nandan Loharuka, Nagpur
Respondent - Prime Minister's Office
Ministry of Environment & Forests (MoEF)
Western Coalfields Ltd (Ministry of Coal)
Facts:
B y an application of 17.7.07 Shri Deoki Nandan Loharuka applied to the Ministry of Environment & Forests, seeking the following information:
"Tawa-1 Coal Mines running by WCL Nagpur under Coal Ministry at Forest Land 10.190 HEC in District Betul, Sarni Range (MP) without sanction under FC Act 1980, Environment Protection on Act 1986 & Coal bearing areas Act 1957.
1. F-11-121/2002/FC dated 3.4.2003.
2. SC/G/138/93-FCW dated 29.3.1994.
3. J-11015/30/89-1A-11(M) dated 4.2.1994.
4. Action against offenders under WPC 202/95 & WPC 460/ 2004 of Hon'ble Supreme Court in application No. 344/2004, CEC Delhi especially minutes of dated 23.8.2006."
This application was forwarded by Shri Ansar Ahmed, IG Forests, MoEF to the Principal Secretary Forests & Environment, Govt. of M.P. on 20.7.07. Upon this appellant moved his first appeal before the PMO in which he has stated that the information sought is as follows:
"Permission "& approval of Central Govt. for running of Tawa-1 Coal Mines by WCL/Coal Ministry at 10.190 HEC Forest land since 1992 to till date."
This appeal was transferred on 2.8.07 by PMO to the Ministry of Coal. Upon this Shri Loharuka has moved a second appeal before us with the following requests:
"Requested to this commission to take up the matter urgently, including 3rd Parties to (1) as WCL Nagpur & (2) as Central Empowered Committee, New Delhi in Application No. 344/2004 in which Central Govt. as Ministry of Envt. & Forest, and 1 Ministry of Coal are parties and have full knowledge of above scam and they also committed fraud by suppression of documents on records, Reported vide AIR 2005 SC 3110."
Subsequently, however, appellant has moved another appeal before us on 12.5.08 with the following prayer:
"To discontinue the illegal Tawa-1 Coal Mines being run by WCL even after minutes of hearing dated 23.8.2006 and order dated 14.3.2007 of Central Empowered Committee until payment of compensation amount of Rs. 6,288 crores (up to 26.4.2008) is made to the applicant."
This is on the basis of a letter addressed to the Member Secretary, Central Empowered Committee of 14.1.'08 with which a copy of the decision of the Central Empowered Committee on application No. 344 is attached, in which that Committee has observed as follows:
"In the present case it is the admitted position that the land wherein the construction was being undertaken is a forest land. No non- forestry activity is, therefore, permissible in the area without the prior permission of the Central Government under Section 2 of the Forest (Conservation) Act. It is sent that the M P Forest Department has already taken necessary steps to stop the non- forestry activity going on in the area. In view of the above, no specific order for stopping the work is called for. As regards the payment of the compensation sought by the applicant, he may approach the appropriate for and have the matter adjudicated as this does not fall within the mandate of the CEC."
The information sought in this case is as below:
"Provide detailed point wise information of said Application No. 344/2004 comparing following concerned aspects by Respondents as they have committed frauds through furnishing false affidavits that they have nothing concealed.
Enclosed is also a copy of letter dated 16th July 2007 to CEC, through which we have requested you to supply copy of Order dated 14th march 2007 yet not supplied to the applicant/ us."
The appeal was heard through video conference on 22.8.08. The following are present:
2Appellant at NIC Studio, New Delhi.
Shri D. Nandan Loharuka.
Shri B. K. Singh.
Respondents at IC New Delhi.
Shri B. K. Singh, AIG (FC), at NIC New Delhi.
Shri Ansar Ahmad, IGF (FC) at NIC New Delhi.
at NIC Studio, Nagpur Shri S. K. Srivastava, PIO, Western Coal Fields Ltd. Shri U. P. Pandey Respondent Shri B. K. Singh AIGF (FC) submitted that the land in dispute had been removed from the list of forest land before it was utilised by Western Coalfields Ltd. Shri M.K.Srivastava, PIO Western Coalfields Ltd. submitted that whatever information appellant Shri Loharuka had sought had been provided.
Appellant Shri Loharuka on the other hand was unable to pin point what information he sought other than to reiterate that the orders of the Supreme Court and C.E.C. had not been complied with and that the occupation of land by Western Coalfields Ltd. which he alleged was forest land was illegal. It was explained to him by us that redress of his grievance is beyond the jurisdiction of this Commission. He, however, cited the following sentences from his original application as the information that he sought:
"Action against offenders under WPC 202/95 & WPC 460/ 2004 of Hon'ble Supreme Court in application No. 344/2004, CEC Delhi especially minutes of dated 23.8.2006."
Shri Loharuka also cited the heading of his first appeal in which he stated that he had asked for "Permission "& approval of Central Govt. for running of Tawa-1 Coal Mines." He moreover, reiterated the Para of the his application of 14.1.'08 to Member Secretary, CEC that we have quoted above.
In the first case, respondents submitted that there were no offenders as they did not deem any offence committed. There was, therefore, nothing to 3 report. In the other case, there are indeed 11 points listed in the application but none of them seeks information and are allegation constructed as a statement of fact.
DECISION NOTICE The prayer of appellant before us does not specify any information sought but calls for action for discontinuance of what he alleges are illegal Tawa Coal mines run by Western Coalfields Ltd. This is well beyond the jurisdiction of this Commission. However, to give appellant the fullest opportunity he was asked to specify the information sought, which he is unable to do. Under the circumstances, we find this appeal unsustainable and is hereby dismissed. Announced in the hearing.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 22.8.2008 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 22.8.2008 4