Central Information Commission
Mr.D K Singh vs Ministry Of Coal on 18 October, 2011
Appeal No.CIC/SS/A/2011/000929
CENTRAL INFORMATION COMMISSION
B - Wing, 2nd Floor,
August Kranti Bhavan, Bhikaji Cama Place,
New Delhi - 110066
Appeal No.CIC/SS/A/2011/000929
PARTIES TO THE CASE:
Complainant : Shri D.K. Singh (present in person)
Respondents : Ministry of Coal, Shastri Bhawan, New Delhi
(through Shri PSS Reddy, Director & CPIO)
Date of Hearing : 11/10/2011
ORDER
1. The Appellant vide his RTI Application dated 16/12/2010 had sought the copy of those provisions of law which define the term 'coal block' and which absolutely empower the Central Government to allot 'coal blocks' without acquisition and vesting of the rights, title & interest of the land under which such coal blocks are located.
2. The CPIO vide his reply dated 11/01/2011 has informed the Appellant that a 'coal block' is indentified by the CMPDIL and therefore, the queries pertaining thereto can best be answered by the CMPDIL. Therefore, the matter was transferred under Section 6 (3) of the RTI Act to the CMPDIL. The concerned CPIO of the CMPDIL vide his letter dated 08/04/2011 had informed the Appellant that there is no firm definition of a 'coal block' and 1 Appeal No.CIC/SS/A/2011/000929 there is no provision in law which defines the said term. Such reply appears to be satisfactory and the Appellant has also not pressed against the information provided to him with respect to his specific query.
3. So far as the other query raised in his RTI Application is concerned, the Appellant has not received any specific reply either from the CPIO or the FAA of the Respondent Ministry. It has been submitted by the Appellant, and concurred by the Respondent during the hearing, that allotment of coal blocks is a different activity from acquiring the right, title & interest of the land under which such coal block is located. While the former is within the domain of the Central Government, it is the State Government which has to execute a lease in favor of the person who has been allowed to acquire the land under which the coal block is located. Such person, having obtained prior sanction from the Central Government to perform captive-mining of the coal block, thereafter is obligated to acquire rights, title & interest, from the State Government, in the land under which such coal blocks are located.
4. The Commission is of the view that a clear, specific and elaborative reply in respect of the abovesaid query has not been tendered by the CPIO or the FAA of the Respondent authority to the Appellant. Thus, the Commission hereby directs the CPIO of the Respondent Ministry to provide an elaborative and clear reply to the Appellant with regards to the specific 2 Appeal No.CIC/SS/A/2011/000929 query raised in the Appellant's RTI Application and which has been discussed above.
5. The Appeal is accordingly disposed of.
(Sushma Singh) Information Commissioner 18.10.2011 Authenticated True Copies (D.C. Singh) Deputy Registrar Name & Address of Parties:
Sh. D.K. Singh, 148C, MIG, Pocket - 6, Mayur Vihar - III, Delhi - 110 096 The PIO/CPIO, Ministry of Coal, Shastri Bhawan, New Delhi The Appellate Authority, Room No. 321A, Ministry of Coal, Shastri Bhawan, New Delhi 3