Central Information Commission
Meena Pandey vs Niti Aayog on 3 March, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No: CIC/NITIA/A/2022/119670
Meena Pandey ...अपीलकता /Appellant
VERSUS
बनाम
CPIO,
NITI AAYOG, (NRE VERTICAL-E&
F), RTI CELL, SANSAD MARG,
NEW DELHI- 110001. ... ितवादीगण /Respondent
Date of Hearing : 01/03/2023
Date of Decision : 01/03/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 01/02/2022
CPIO replied on : 08/03/2022
First appeal filed on : 22/03/2022
First Appellate Authority's order : 08/04/2022
2nd Appeal/Complaint dated : 20/04/2022
Information sought:
The Appellant filed an RTI application dated 01.02.2022 seeking the following information and the CPIO furnished a reply to the appellant on 08.03.2022 stating as under:
"The undersigned seeks the following information pertaining to your department with regard to the yearly Quantity of Coal and Wood used in manufacturing Red Clay Bricks, being used in construction activity in India.1
S. No Information Sought Reply
1. Details of the yearly, quantity of the Red Clay Bricks manufactured in India. As far as NRE vertical,
2. Details of the yearly, quantity of the coal and wood NITI Aayog is is consumed in manufacturing Red Clay Bricks. concerned,
3. Details of the opinion of your department and information in this reports on huge quantity of coal and wood is regard may kindly be consumed every year in India, in manufacturing treated as NIL. Red Clay Bricks, even after the issuance of the Gazette Notification by the MOEF&CC, Notification No..SO 763 dated 14.09.1999, to stop manufacturing of Red Clay Bricks and use of only Fly ash Bricks in every construction activity in India.
Being dissatisfied, the appellant filed a First Appeal dated 22.03.2022. FAA's order, dated 08.04.2022, held as under:
S. Information Sought Reply No
1. Details of the yearly, quantity of the Collection of industrial stock is not in Red Clay Bricks manufactured in India. mandate of NITI Aayog. The specific data is not available in NITI Aayog.
2. Details of the yearly, quantity of the Since the Right to Information Act, 2005 coal and wood is consumed in RTI Act) is for seeking and obtaining manufacturing Red Clay Bricks. information to promote transparency and
3. Details of the opinion of your accountability in the working of every department and reports on huge public authority, NITI Aayog, will only quantity of coal and wood is consumed provide available information to RTI every year in India, in manufacturing Applicants. Red Clay Bricks, even after the issuance However, the applicant may kindly refer to of the Gazette Notification by the clause (1) of S.O. 763(E) dated 14.09.1999 MOEF&CC, Notification No..SO 763 regarding the Use of fly ash, bottom ash or dated 14.09.1999, to stop pond ash in the manufacture of bricks and manufacturing of Red Clay Bricks and other construction activities which is use of only Fly ash Bricks in every reproduced below: construction activity in India. (1) No person shall within a radius of fifty kilometers from coal or lignite based 2 thermal power plants, manufacture clay bricks or tiles o blocks for use in construction activities without mixing at least 25 percent of ash (fly ash, button ash or pond ash) with soil on weight to weigh basis. ' Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal stating inter alia as under:
"I am following Research on the Fly ash and Red bricks, manufactured and used in the country. It is big environmental issue and mandate of NITI Ayog."
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: L. Gopinath, CPIO (NRE Vertical) & Sr. Research Officer present through intra-video conference.
The Appellant stated that she has not received the desired information till date even as the RTI Application was forwarded to the Ministry of Environment & Forests.
The CPIO reiterated the written submissions filed by him on 24.02.2023 stating as under:
a) The RTI applicant has requested details of the year-wise quantity of Red clay Bricks manufacturing and consumption of raw materials for producing clay bricks, such as coal and wood in India. In this regard, it is to state that NITI Aayog has no mandate to maintain the stock and production of any industry. Therefore, the relevant information is unavailable in NITI Aayog; accordingly, `Nil"
information has been provided to the RTI Applicant. Further, the CPIO does not know which ministry maintains the stock and production of red clay brick industry to transfer the RTI Application.
b) The RTI applicant has asked the department's opinion and reports on the consumption of huge quantities of coal and wood in India. Further, he stated that the MoEF & CC had issued a Gazette Notification No. SO 763 dated 14.09.1999, to 3 stop manufacturing Red Clay Bricks and use only Fly ash Bricks in every construction activity in India. In this regard, it is to state that the RTI Act 2005 has been implemented to provide the available information to promote transparency and accountability in the working of every public authority but not disseminate the opinions of departments.
c) Further, FAA has gone through the Gazette Notification (copy enclosed), which was mentioned by the applicant to find out "to stop manufacturing of Red Clay Bricks and use of only Fly ash Bricks in every construction activity in India." Such direction has not been found in the Gazette Notification but found relevant direction in page 1, point 1, which is reproduced below: "No person shall within a radius of fifty kilometers from coal or lignite based thermal power plants, manufacture clay bricks or tiles or blocks for use in construction activities without mixing at least 25 percent of ash (fly ash, bottom ash or pond ash) with soil on weight to weight basis."
The above additional information has been provided to the applicant for awareness of the manufacturing of fly ash bricks.
d) CPIO and FAA of NITI Aayog have given sufficient information within the time to the RTI Applicant to understand the facts about the information requested by the applicant. Further, the RTI application has been transferred to MoEF & CC for providing further information as the ministry has issued the Gazette Notification. As the applicant is a researcher and she is aware of the context of the Gazetted Notification, she intentionally wants to harass the government servants and waste the precious time of the Hon'ble Information Commissioner and Government officers.
Decision:
The Commission based on a perusal of the facts on record observes at the outset that in a strict sense, the instant RTI Application has not been filed as per the requirement of Section 6(1)(a) of the RTI Act which provides as under:
"6. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to--
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;.."4
As has been also evinced from the CPIO's reply, NITI AYOG is not the custodian or collector of industrial stock and as a Researcher, the Appellant is expected to understand the import of "concerned public authority" envisaged under Section 6(1)(a) of the RTI Act. Yet, the Respondent CPIO & FAA have attempted to facilitate a factual reply to the Appellant in consonance with the provisions of the RTI Act while also providing relevant clarification regarding the averred Gazette notification. The transfer of the RTI Application to another public authority is considered as a benevolent action on the part of the Respondent CPIO.
Having observed as above, the Commission finds no scope of intervention in the matter. The CPIO is however directed to send a copy of his written submissions dated 24.02.2023 to the Appellant free of cost within 2 days of the receipt of this order.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स"यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5