Indian Kanoon - Search engine for Indian Law

Central Information Commission

Dheeraj Mishra vs Ministry Of Environment & Forests on 26 November, 2025

                                केन्द्रीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ मागग, मुननरका
                           Baba Gangnath Marg, Munirka
                           नई निल्ली, New Delhi - 110067

File No: CIC/MOENF/A/2024/620663

Dheeraj Mishra                                        .....अपीलकर्ाग /Appellant

                                        VERSUS
                                         बनाम
PIO,
CPIO under RTI,
Nodal Officer-(RTI),
Ministry of Environment,
Forests & Climate Change,
Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi-110003                        .....प्रनर्वािीगण /Respondent

Date of Hearing                     :    25.11.2025
Date of Decision                    :    26.11.2025

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on            :    11.01.2024
CPIO replied on                     :    02.02.2024
First appeal filed on               :    05.02.2024
First Appellate Authority's order   :    13.02.2024
2nd Appeal/Complaint dated          :    22.03.2024

Information sought

:

1. The Appellant filed an RTI application dated 11.01.2024 (online) seeking the following information:

"1. Please refer to The Forest (Conservation) Amendment Act, 2023, passed by parliament and published in the Gazette of India on August 4, 2023. The notification of the subordinate legislation of the Amendment Act, 2023 was also issued on November 02, 2023.

Information Requested:

2. In the above background/context, Kindly provide a clear photocopy of all files (including all file notings, correspondences, records which are part of the file), held in the Ministry of Environment, Forest and Climate Change, in which the said act/bill as described at para 1 was processed and approved by cabinet.

3. Also, kindly provide digital copies of the entire files concerned from the e-

office related to the subject matter described in the above paragraphs.

4. I would also like to inspect all files (including all file notings, correspondences, records which are part of the file) in which the subject matter described at para 1 and 2 was processed and approved.

At that stage, I will take photocopies of the documents and notings in the records and file(s) as required by me at a mutually convenient time and date.

Kindly intimate me the date and time on my mobile phone and email id given.

5. The above information (scanned B&W-pdf copy)/Digital copies may kindly be provided to me by E-mail at my email address:

[email protected] or send them through DVDs.

Kindly note that this information is required to be disclosed as per the first proviso under Section 8(1)(i) of the RTI Act, read with Section 26(1)(c) of the RTI Act."

2. The CPIO furnished a reply to the Appellant on 02.02.2024 stating as under:

"The CPIO denied the required information u/s 8(1)(a) of the RTI Act 2005."

3. Being dissatisfied, the Appellant filed a First Appeal dated 05.02.2024. The FAA vide its order dated 13.02.2024, upheld the reply of CPIO.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC is not available on record. Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Absent.

Respondent: Shri Charan Jeet Singh, CPIO-cum-Scientist 'E', attended the hearing in person.

6. The Appellant did not participate in the hearing.

7. The Respondent submitted that disclosure of information as sought by the Appellant in the instant RTI Application could prejudicially affect the security, strategic, and economic interests of the Nation and the State. Accordingly, the information was lawfully withheld under Section 8 (1)

(a) of the RTI Act, 2005. Accordingly, a suitable reply in terms of the provisions of the RTI Act has been given to the Appellant vide letter dated 02.02.2024.

8. A written submission has been received from Shri Charan Jeet Singh, CPIO-cum-Scientist 'E', vide letter dated 24.11.2025, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:

"Written submissions by the CPIO in Appeal No. CIC/MOENF/A/2024/620663 dated 17.10.2025 received in this office on 30.10.2025 Background

1. Shri Dheeraj Mishra submitted an RTI application dated 11.01.2024, which was duly received in the office of the CPIO on the same date (Annexure I). The application sought information pertaining to the Forest (Conservation) Amendment Act, 2023.

2. After due consideration, the CPIO denied disclosure of the requested information under Section 8(1)(a) of the RTI Act, 2005 vide letter dated 02.02.2024 (Annexure II).

Grounds for Denial

1. The relevant file, pertaining to the Forest (Conservation) Amendment Act, 2023, examined by the CPIO, has communications of PMO, Ministry of Defence and Ministry of Home Affairs and also information regarding implication of defence and security-related projects. File also contains deliberations regarding projects located within 100 KM of aerial distance from international borders, the Line of Control (LoC), and the Line of Actual Control (LAC), and also projects related to critical security infrastructure across the country.

2. Upon careful scrutiny, the CPIO observed that disclosure of such information could prejudicially affect the security, strategic, and economic interests of the Nation and the State. Accordingly, the information was lawfully withheld under Section 8(1)(a) of the RTI Act, 2005.

First Appeal Proceedings CIC/MOENF/A/2024/620663 Page 3 of 4

1. Dissatisfied with the decision, the applicant preferred a First Appeal on 05.02.2024 before the First Appellate Authority of the Forest Conservation Division.

2. After thorough examination, the First Appellate Authority, vide order dated 13.02.2025, upheld the action taken by the CPIO, affirming that the denial of information was justified and in accordance with the provisions of the RTI Act. A copy of the order is enclosed at Annexure III. Prayer

1. In view of the foregoing submissions, the Hon'ble CIC may kindly pass such order as it may deem fit and proper."

Decision:

9. The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that a suitable reply in terms of the provisions of the RTI Act has been given to the Appellant vide letter dated 02.02.2024. Hence, no intervention of the Commission is required in the instant case.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date CIC/MOENF/A/2024/620663 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)