Central Information Commission
Mr.Swarup Bhattacharyya vs Ministry Of Water Resources on 30 January, 2012
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2010/000912
Name of the Appellant : Mr. Swarup Bhattacharya
(The Appellant was not Present)
Name of the Public Authority : Ministry of Water Resources
Represented by Mr. Rajesh Yadav, Sr.
Dy. Comm., D.K. Jena, Dy. Comm. and
Mr. Ram Kumar Sund, Under Secretary.
The matter was heard on : 24.1.2012
ORDER
This is in continuation of Adjunct Order dated 30.09.2011.
The Commission has perused the report of the Inter - Ministerial Group titled "To evolve a suitable framework to guide and accelerate the development of Hydropower in the North Easter Region". The Commission is of the view that the report contains sensitive information relating to the policy of Government of India for the development in border areas including Arunachal Pradesh which may be sensitive from the International angle particularly in respect of the neighboring countries. The report also contains information regarding identification of projects for development which are in a very preliminary stage of planning and investigation. The report also contains sensitive data both in the body of the report and in its annexures which India is not obliged to share with the neighboring countries. The CPIO informed that no International treaty or convention on Water courses is in force which provides for sharing such information with other countries. India is also not a signatory to the U.N convention on "non-navigational use of International Water Courses", 1997 and is not obliged to share such information. The neighboring countries are also in turn, not providing such information/data regarding construction of projects in their territories and other planned measures within the border areas to the Indian side.
Having gone through the document and heard the Respondent, the Commission is of the view that it would not be in the strategic and economic interests of the State to provide the entire document to the appellant. The provisions of section 8(1)(a) are attracted. However, the Commission also acknowledges that citizens have the right to know about planned development activities. The Commission is also of the view that all issues relating to environmental aspects of development and R&R issues should be in the public domain. Therefore, in the interest of citizens right to know and at the same time not compromising the strategic and economic interests of the State, the Commission is of the view that parts of the report, particularly that which is in the form of recommendations, contained in chapter-7 can be provided to the appellant after severing those parts that are sensitive in nature and which affect the strategic and economic interests of the State. Therefore, portions from chapter 7 of the report containing information on Relief, Rehabilitation and Environmental aspects and other policy decisions affecting the lives and livelihood of the people of the region can be provided to the appellant. Therefore the CPIO will apply the provisions of the section 10(1) of the RTI Act and will severe those parts containing recommendations which impeach on the strategic and economic interests of the State and provide the rest to the appellant. The directions of the Commission are to be complied with within 10 days of receipt of this order.
The matter is disposed of on the part of the Commission.
Sd/-
(Sushma Singh) Information Commissioner 30.1.2012 Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Mr. Swarup Bhattacharya, 86-D, AD Block, Shalimar Bagh, Delhi - 110008.
2. The Public Information Officer, The Under Secretary, Ministry of Water Resources, 5th Floor, Mohan Singh Place, Baba Kharak Singh Marg, New Delhi - 110001.
3. The First Appellate Authority, The Commissioner, Ministry of Water Resources, 5th Floor, Mohan Singh Place, Baba Kharak Singh Marg, New Delhi - 110001.