Central Information Commission
Maneesh Choudhary vs Ministry Of Railways on 23 April, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi -110067
ि तीय अपील सं या / Second Appeal No. CIC/DFCCI/A/2017/603925/MORLY
Maneesh Choudhary ... अपीलकता /Appellant
VERSUS
बनाम
1. CPIO, M/o Railways, ... ितवादी /Respondent
Northern Railway, (RTI CELL),
(Railway Board), Rail Bhavan,
Raisina Road, New Delhi-110001.
2. CPIO, M/o. Railways, Dedicated
Freight Corridor Corporation of
India, (RTI CELL), Pragati
Maidan, New Delhi-110001.
Relevant dates emerging from the appeal:
RTI : 24.04.2017 FA : 29.05.2017 SA : 31-07-2017
CPIO : 22.01.2018 FAO : Not on record Hearing : 18.04.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o Railways, Railway Board, New Delhi seeking following information w.r.t. New Bhaupur- Mugal Sarai section package 201 & and 202 (total length 402 KMs) EDFC:-
1. "Copy of forest clearance certificate/NOC by State Department of Environment and Forest and MoEF.Page 1 of 4
2. Provide the tree felling permission/NOC by Forest department felling of trees pre-construction.
3. Copy of NOC and consents under air, water, EP Acts and Noise rules of SPCB for establishing plants construction.
4. Copy of NOC and consents under air, water, EP Acts and Noise rules of SPCB for operating hot mix plants, crushers and batching plants construction.
5. Permission to store hazardous materials State Pollution Control Board Storage and Transportation of Hazardous Materials and Explosives Construction.
6. Provide the Explosive license Chief Controller of explosives storage of explosive material construction.
7. Copy of PUC certificate for use of all type of vehicles.
8. Copy of quarry lease deeds.
9. Copy of NOC for water extraction for construction and allied works.
10. Provide the details of complying the Acts as mentioned in the RTI application.
11. Detail of engineer clearance for all location and layout of all worker's camp.
12. Details of engineer clearance for traffic management plan.
13. Provide the emergency action plan which was submitted by concessionaire/contractor and approved by PMC's engineer for accidents.
14. Provide the quarry management plan by the engineer.
15. Provide the approved plan and profile with cross section and approved structure design used in the project.
16. Provide all raised RFI's by the concessionaire.
17. All correspondence letters to all DM office.
18. Provide the alignment design/staked design-including centre line, longitudinal section and quantity of earth work in cutting and filling in all chainage wise details.
19. Approved general arrangement drawings GAD/schematic plan for all bridges, all junctions, all rail flyovers and all existing road over bridges.
20. Details of utilities to be relocated.
21. All permission letter given by DFCC regarding the land handed over."
2. As the CPIO had not provided the requested information within a period of 30 days, the appellant filed the first appeal dated 29.05.2017 which was not disposed of by the first appellate authority. Thereafter, he filed a second appeal Page 2 of 4 u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act and also to direct him to provide the sought for information. Hearing:
3. The appellant, Mr. Maneesh Choudhary attended the hearing in person. Mr. S. K. Panda, DGM represented the respondent(s) in the hearing in person. The written submissions are taken on record.
4. The appellant stated that no information has been provided by the respondent with reference to the RTI application till date and therefore, the respondent(s) should be directed to provide him the point-wise information of both the divisions i.e. Allahabad East and Allahabad West.
5. The respondent(s) agreed to take action as per para 4 above. Further, the respondent read out his reply dated 23.05.2016 which was given to the appellant in respect of his earlier RTI application dated 02.04.2016 wherein the same information had been sought.
Decision:
6. This Commission directs the respondent no. 2 to provide the point-wise information of both the divisions i.e. Allahabad East and Allahabad West to the appellant with reference to the RTI application, as agreed to in para 5 above, after redacting the third party(s) information, if any, within a period of 15 days from the date of receipt of this order. The CPIO is also directed to provide justification before this Commission on the next date of hearing if any specific exemption(s) is claimed by him to deny the information to the appellant as per the RTI Act, 2005.
7. With the above observations, the matter is adjourned.
8. The Deputy Registrar is directed to fix another date of hearing after 15 days.
9. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 18-04-2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा ), Dy. Registrar (उप-पंजीयक),(011-26105682) Page 3 of 4 Addresses of the parties:
1. The Central Public Information Officer (CPIO), M/o. Railways, DD (PG) & CPIO, Registration & Co-Ordination, (RTI CELL), (Railway Board), Room No. -5, (GF), Rail Bhavan, Raisina Road, New Delhi- 110001
2. The Central Public Information Officer (CPIO), M/o. Railways, Dedicated Freight Corridor Corporation of India, (RTI CELL), RoomNo-537, 5TH Floor, Pragati Maidan, Metro Station Building Complex, New Delhi-110001
3. Shri Maneesh Choudhary Page 4 of 4