Central Information Commission
Dr.D Dhaya Devdas vs Ministry Of Mines on 4 July, 2011
Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2011/000142
Name of Appellant : Sh. D. Dhaya Devadas
(The Appellant was present)
Name of Respondent : M/o Mines, Indian Bureau of Mines, Chennai
(Respondent were not present)
The matter was heard on : 12.05.2011
ORDER
Sh. D. Dhayay Devadas, the Appellant, through an RTI application dated10.11.2010 sought following: "a) Xerox copies of the mining lease wise Scheme of Mining approval letters for the first 5 years, 2nd five years and 3rd five years where ever applicable for all the mining plans for the placer minerals like Garnet, Ilmenite and Rutile mentioned therein.
b) Xerox copies of the evidences from authenticated reports/publications to show that there is any chance for replenishment of buried deposits after mining of the buried deposits, which are located away from the High Tide Line.
c) Xerox copies of the evidences to show that after mining of the entire buried deposits shown in the mining plans, there would be replenishment of more minerals than that of the original reserves available n the mining lease area as per the mining plan.
d) Xerox copies of justification for increasing the insitu reserve than that of the mineral reserve originally mentioned in the mining plan.
e) Xerox copies of the provisions of Acts and rules under which power is given to IBM to regularize the issue of transport permits without approval of the scheme of mining.
f) Xerox copies of the evidences to show that mineral reserve quantity will go up when the bulk density is taken as 2 instead of 4.
g) Xerox copies of action taken for correcting the reserve covering the 25 Nos. of mining plans approved with the bulk density as 4 in stead of 2."
The PIO vie letter dated 25.11.2010 provided following information to the Appellant: "Item (a): There are 45 approved scheme of mining available in this office for placer deposits. You requested this office to provide the xerox copies of approval letter, which contains 2 pages for each scheme of mining. It is advised to submit demand draft / postal order of Rs. 180/ @ Rs. 2 per page to get it photo copied. It is also to inform you that despite all our efforts, we could not retrieve two scheme of mining files approved in the year 2001. We are still searching the files along with our other important works during parliament session and will provide xerox copies after retrieval of the same. Items (b), (c), (d) & (f): There are no records available in this office. Item (e) : There is no rule / Act as such.
Item (g) : The information sought is third party information and hence, denied under sec. 8(1)(d) of Right to Information Act, 2005."
Not satisfied with the reply the Appellant filed an appeal before the First Appellate Authority (FAA). The FAA, vide decision dated 27.12.2010 disposed of the matter with the following directions:
"Item (a): Information may be obtained by depositing the requisite fee as informed by CPIO, Chennai.
Items (b), (c), (d) & (f): Reply given by CPIO, Chennai, is justified. Item (e): Reply given by CPIO, Chennai, is justified. Item (g): Information as sought by the appellant is third party information and hence cannot be supplied under sec. 8(1)(d) of Right to Information Act, 2005. The reply give by the CPIO and ACOM, IBM, Chennai, is justified."
However still not satisfied with the reply of the FAA the Appellant has filed the present appeal before the Commission.
[ During the hearing the Appellant submits that complete information has not been furnished to him. The Respondent have failed to appear before the Commission, inspite of receiving the hearing notice of the Commission. The Commission takes a serious view of the absence of the Respondents. The PIO & FAA are cautioned to be careful in future and ensure that they are duly represented before the Commission. Due to the absence of the Respondent the matter cannot be properly adjudicated. The case is adjourned for hearing on the next date i.e. 2.08.2011 at 2.30 p.m. [ (Sushma Singh) Information Commissioner 4.07.2011 Authenticated true copy (S. Padmanabha) Under Secretary & Dy. Registrar Copy to:
1. Sh. D. Dhaya Devadas President Federation of Indian Placer Mineral Industries Registered Officer 1A Prasad Street Seethapathy Nagar Velachery Chennai-600042 [
2. The Public Information Officer Asst. Controller of Mines Govt. of India M/o Mines Indian Bureau of Mines C 4, A, Rajaji Bhavan, Besant Nagar Chennai-90
3. The Appellant Authority Controller of Mines (SZ) Govt. of India M/o Mines Indian Bureau of Mines No. 29, Industrial Suburb, Goraguntepalya Tumkur Road Bangalore