Central Information Commission
Mr.Dipesh Sampatmehta vs Government Of Nct Of Delhi on 4 November, 2011
In the Central Information Commission
at
New Delhi
File No. CIC/AD/A/2011/002056
Date of Hearing : November 4, 2011
Date of Decision : November 4, 2011
Parties:
Appellant
Shri Dipesh Sampat Mehta
Dhoop Chhaon, Plot No. 201,
Road No. 28, Bandra (West)
Mumbai 400 050
The Appellant was heard via audio conference.
Respondents
Delhi Pollution Control Committee
Department of Environment
Government of NCT of Delhi
4th Floor ISBT Building, Kashmere Gate,
Delhi6
Represented by: Shri B.L. Chawla, SEE and Ms. Jitnendra Gaba, Law Officer
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/002056
ORDER
Background
1. The Applicant filed his RTIapplication dated 15.11.2010 with the PIO, Delhi Pollution Control Committee, Department of Environment, Delhi, seeking following information:
"Details of all pending legal proceedings including PILs where the Committee or any other person has filed cases against any Industry before any Court of Law for offences under section 24, 32 (1) (C), 33(2), 33 (A), 41 (2) or 43 of the Water (Prevention & Control of Pollution) Act, 1974, offences under section 21,22, 31 (A) or 37 of the Air (Prevention & Control of Pollution) Act, 1981 and offences under section 7,8 or 15 of the Environment Protection)Act, 1986.
Kindly provide name of the Court, Case no., F.I.R.s and Status of each of the cases." The period he had identified for the above request for information was "From 01.06.2009till date."
2. The PIO through his communication dated 21.12.2010, while providing to the Applicant some statistical details about the category of the cases mentioned in his RTIapplication, declined the disclosure of the particulars of the cases and copy(s) of complaints to the Applicant. The Applicant, aggrieved with the PIO's reply, field his first appeal with the Appellate Authority (AA) on 18.05.2011 which the AA dismissed as time barred through his order dated 06.07.2011. The AA, however, observed that the PIO has furnished the necessary information to the Appellant except the particulars of complaints filed with DPCC since these complaints have been filed for prosecuting the offenders, disclosure of which at this stage would attract exemption under Section 8(1)(h) of the RTIAct. Aggrieved with the decision of the AA, the Appellant approached the Commission in second appeal (dated 02.08.2011), requesting for the disclosure of information. He also requested that the delay on his part in filing the first appeal before the AA may be condoned. Decision
3. During the hearing, the Appellant stated that the purpose of the present appeal would be served if the following details corresponding to his RTIapplication are directed to be given to him:
a) Case numbers;
b) Name of the Authority(s)/Court(s) before whom they are pending;
c) Sections under which they have been filed;
d) Last date of hearing and next date of hearing; and
e) Name of the offenders.
4. The PIO present during the hearing also agreed to furnish the above identified details to the Appellant. He, however, requested that he be given some extra time to make this information available to the Appellant since the information identified here is required to be gathered from different files.
5. In view of the above, it is directed that the PIO, as agreed, shall furnish the above identified details to the Appellant by end December, 2011.
6. Appeal is disposed of with the above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Dipesh Sampat Mehta Dhoop Chhaon, Plot No. 201, Road No. 28, Bandra (West) Mumbai 400 050
2. The Appellate Authority Delhi Pollution Control Committee Department of Environment Government of NCT of Delhi 4th Floor ISBT Building, Kashmere Gate, Delhi6
3. Public Information Officer Delhi Pollution Control Committee Department of Environment Government of NCT of Delhi 4th Floor ISBT Building, Kashmere Gate, Delhi6
4. Officer in charge, NIC Note: In case, the Commission's above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTIAct, giving (1) copy of RTIapplication, (2) copy of PIO's reply, (3) copy of the decision of the first Appellate Authority, (4) copy of the Commission's decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant/ Complainant may indicate, what information has not been provided.