Central Information Commission
Mrvikrant Tomar vs Ministry Of Environment & Forests on 3 December, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/C/2014/000035
Complainant : Mr. Vikrant Tongandh
Respondent : Ministry of Environment and
Forests, Govt of India
Date of hearing : 27112014
Date of decision : 03122014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 18 of the RTI Act
Result : Complaint allowed/
Disposed of
The Complainant is not present. The Public Authority is represented by Mr. Amardeep
Raju, Dy. Director, Ministry of Environment and Forests, Government of India. The
Complaint is converted as appeal as the complainant sought the information by way of
first appeal before the FAA.
CIC/SA/C/2014/000035 Page 1
FACTS:
2. The Appellant through his RTI application dated 31032013 had sought for information on 2 Points Viz i) with relation to Select Case studies letter in which it was mentioned "Subsequently, CGWA issued directions to Chief Secretaries of States to adopt rain Water harvesting", Copy of the directions with relation to it ii) With relation to rain Water harvesting, MOWR,CGWB,CGWA notification or directions with relation to it. Having recieved no information within the prescribed period, the appellant preferred First Appeal. No FAA order available on the file. Claiming nonfurnishing of the information sought, the appellant had approached the Commission in Second Appeal.
DECISION
3. The respondent officer made his submissions. The appellant is not present. The respondent officer has wrongly come prepared with another RTI application of the same appellant which was dated 3052013 in which the appellant has sought the copies of EIA/EC granted to the Shiv Nadar University, Village: Chitera, Tehsil Dadri, GB Nagar, Greater Noida. A copy of this RTI application given by the respondent officer is added to the present file. The respondent officer submitted that the said RTI application dt. 3052013 was transferred to the U.P. Government, as the said University falls in their jurisdiction. He also submitted that the State Eivironmental Impact Assessment Authority (SEIAA), UP, is the concerned authority in this respect. The Commission directs the respondent authority to transfer the RTI application to the UPSEIAA and intimate the same to the appllant within one week from the date of receipt of this order.
CIC/SA/C/2014/000035 Page 2
4. The Commission takes this opportunity to remind the PIOs that generally the RTI applications have to be transferred to the concerned Public Authority if they assume that they are not concerned with them as per Sec 6 (3) of RTI Act, under intimation to the applicant.
5. As far as the present RTI application dated 3132013 is concerned, the respondent officer has been given a copy of the same and is directed to furnish the desired information to the appellant within 15 days from the date of receipt of this order.
6. The appeal is accordingly disposed of.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Address of the parties:
1. The CPIO under RTI, Government of India Ministry of Environment and Forests, IAIII Division Room No.506, Paryavaran Bhawan, CGO Complex, Lodhi Road CIC/SA/C/2014/000035 Page 3 New Delhi110003
2. Shri Vikrant Tongandh A93, Sre36, Greater Noida Uttar Pradesh CIC/SA/C/2014/000035 Page 4