Central Information Commission
Parmeshwar Prasad Barnmal vs Bharat Coking Coal Limited. on 22 April, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/NCCLD/A/2017/165165
Parmeshwar Prasad Barnmal ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, Bharat Coking Coal ... ितवादीगण /Respondents
Limited, Pootkee Balihari Area,
Kusunda, Dhanbad.
Relevant dates emerging from the appeal:
RTI : 03.03.2014 FA : 25.04.2014 SA : 29.04.2017
CPIO : 18/19.03.2014 FAO : No Order Hearing : 16.04.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bharat Coking Coal Limited (BCCL), Pootkee Balihari (PB) Area, Kusunda, Dhanbad seeking information on six points pertaining to land/Plot no. 69, Mauja Chhota Pootkee No. 79, Khata No. 13, Rakba 2.20 acres acquired by BCCL PB Area, Dhanbad, including, inter-alia, (i) certified copies of complete documents relating to the land Page 1 of 4 in question, and (ii) the details relating to the acquisition including, the date and procedure of acquisition and the case number.
2. The appellant filed a second appeal before the Commission on the grounds that the PIO vide letter dated 19.03.2014 transferred his RTI application under Section 6(3) of the RTI Act to Area Manager (Estate), PB Area for providing the information to the applicant. However, no information/reply has been furnished to him till date by the respondent. The appellant requested the Commission to direct the respondent to provide the information sought for and to impose penalty upon the CPIO.
Hearing:
3. The appellant Shri Parmeshwar Prasad Barnmal and the respondent Shri Nagendra Yadav, PIO and Dy. Manager (Pers.), Pootkee Balihari Area, Kusunda, BCCL Dhanbad, attended the hearing through video-conferencing.
4. The appellant submitted that the reply furnished to him by the CPIO is evasive and misleading as irrelevant information has been provided to him. He further stated that the land which falls within Chhota Putki Mouza, PB Area was purchased by him in 1951 and belongs to him. However, the same has been illegally acquired by BCCL without paying him any compensation.
5. The respondent submitted that point-wise reply as per the available records has been provided to the appellant by the Area Manager (Estate), PB Area, in compliance of the FAA's order. He further clarified that post nationalization in 1971, as per Section 2(h) and 3(1) of the Coal Mines (Nationalization) Act, 1973 which defines 'mine' and area included within the definition, all lands adjoining/adjacent Page 2 of 4 to coal mines which were being run/operated by private coal companies were vested in BCCL. Section 2(h)(vi) of Coal Mines (Nationalization) Act, 1973 includes within the definition of mine "all lands, buildings, works, adits, levels, planes, machinery and equipments, instruments, stores, vehicles, railways, tramways and sidings in, or adjacent to, a mine and used for the purposes of the mine." Further, Section 3(1) of Coal Mines (Nationalization) Act, 1973 clearly states as follows "3. Acquisition of rights of owners in respect of coal mines.--(1) On the appointed day, the right, title and interest of the owners in relation to the coal mines specified in the Schedule shall stand transferred to, and shall vest absolutely in, the Central Government free from all incumbrances." Hence, the appellant has been informed that the land bearing Khata No. 13 falls within coal bearing area which was later vested in BCCL as per the Coal Mines (Nationalization) Act, 1973. Further, the Act through which the lands were acquired/vested is also available in public domain. Moreover, though the records sought are more than 20 years old and pertain to Land Revenue Dept. of the State Govt. concerned, an inventory of the lands vested in the public authority at the time of Nationalization is maintained in a Register and the details relating to the appellant's land would be provided to him.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, finds that an appropriate reply has been provided to the appellant by the respondent. The Commission, however, directs the respondent to provide the relevant extract/copy of the Land Register/Inventory in which the details of the appellant's land (Plot no. 69, Mauja Chhota Pootkee No. 79, Khata No. 13, Page 3 of 4 Rakba 2.20 acres) are recorded to the latter within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भागव)व) Chief Information Commissioner (मु य सूचना आयु ) दनांक / Date 22.04.2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) Bharat Coking Coal Limited, O/o The General Manager, Pootkee Balihari Area, Post-Kusunda, Dhanbad- 828116.
2. The Central Public Information Officer (CPIO), Bharat Coking Coal Limited, O/o The General Manager, Pootkee Balihari Area, Post-Kusunda, Dhanbad- 828116.
3. Shri Parmeshwar Prasad Barnmal Page 4 of 4