CENTRAL INFORMATION COMMISSION

(Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)

Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)

Information Commissioner

CIC/SA/A/2015/000909

D Suresh Kumar v. PIO, M/o Environment, Forests & Climate

Change.
Important Dates and time taken:

RTI: 20.12.2014

FAA: 20.02.2015

SA: 19.06.2015

Hearing: 23.07.2015

Result: Disposed of.

Decision:
2015

25-08-

Parties Present:
1.

Appellant Mr. Deepala Suresh Kumar and CPIO Dr. P. V. Subba Rao MoEF &

CC and other officers are present.

FACTS:
2.

Appellant Mr. D. Suresh Kumar through his RTI application dated

20.12.2014 sought following information in relation to Stop Work order issued

for Indira Sagar Polavaram Project (ISPP) in Andhra Pradesh by the Ministry of
Environment and Forests:
i)

Date on which intimation letter relating to location of the Polavaram

Project was submitted to Ministry of Environment and Forests by
State government of Andhra Pradesh as per section 2 (II) of EIA
notification, 1994.

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taken: RTI: 20.12.2014.
www.rti.india.gov.in/cic.../CIC_SA_A_2015_000909_M_162715.pdf

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ii)

Date on which Site clearance was granted for Polavaram Project by

Ministry of Environment and Forests.

iii)

Date on which State government of Andhra Pradesh has applied for

Environment Clearance for Polavaram Project.

iv)

Date of which Environmental Impact Assessment Report (EIA) was

submitted by the state government of Andhra Pradesh.

v)

Dates on

which

expert

committee

constituted

by Ministry

of

Environment and Forests visited the Polavaram site for inspection.

vi)

Date

on

which

expert

committee

constituted

by

Ministry

of

Environment and Forests submitted its site inspection report of

Polavaram Project.
vii) Dates on which Expert committee on River Valley and Hydroelectric
projects examined/appraised Polavaram project.
viii) Date on which Environment Clearance for Polavaram Project was
granted by Ministry of Environment and Forests.
3.

Since the information was not furnished to him, he made first appeal on

20/02/2015. The First Appellate Authority disposed of the appeal with a direction
to the CPIO to provide the information within 7 days. As the information was not
received by him, even after the direction from FAA, the appellant filed the appeal
before the commission.

Proceedings Before the Commission:

4.

The appellant submitted that the information is still due.

5.

The respondent Public Information Officer submitted that due to lack of

staff, he is unable to trace the files. However, he assured that information

will be furnished to the applicant in 3 weeks time. He has also provided the

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Jul 3, 2015 ... CIC/SA/A/2015/000909. D Suresh Kumar v. PIO, M/o Environment, Forests & Climate Change. Important Dates and time
taken: RTI: 20.12.2014.
www.rti.india.gov.in/cic.../CIC_SA_A_2015_000909_M_162715.pdf

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Commission with whatever latest information that he could trace in relation to

Stop Order of the Polavaram Project.
6.

Polavaram being a controversial national project with an impact in Andhra

Pradesh, newly added villages from Telangana, Odisha and Chattisgarh, causing
submergence of hundreds of tribal villages, assumes huge importance. Though
Environmental Clearance (EC) was given in 2005; that has been set aside by the
National Environmental Appellate Tribunal NEAA in 2007. However AP High Court
has brought back the EC into existence setting aside the judgment of NEAA.
Based on later developments and substantial changes in the project, the EC was
revisited by the Environmental Appraisal Committee EAC in 2009. Ministry has
issued the STOP WORK order in 2011. The work is going on in the project on the
strength of order of abeyance of the Stop Work order since 2013 being issued for
every six months.
7.

The appellant complained that in 5 out of 7 RTI Applications, the

respondent ministry officers claimed that the records were not traceable.

The

officers sought some more time to trace the records in this case. The
Commission notices that the Ministry has higher responsibility to maintain the
file records of ISPP because it was declared as National Project.
Abeyance of Stop Work Order for One More Year
8.

The CPIO has brought a copy of letter dated 3 rd July 2015 No. DO No. J-

12011/8/2009-IA.I(Pt)

written by Mr Prakash Javadekar, Minister of State

(Independent Charge) to Mr Chandrababu Naidu, Chief Minister of AP, which said

my ministry noted that AP Government has been taking up the matter of public
hearing with Odisha and Chattisgarh regularly and necessary funds have been
already deposited. Efforts have however, not translated into action as yet. Union
Minister requested AP CM to keep engaged with the two neighbouring States at
various levels without losing steam so that the long pending issue of public
hearing can culminate into fruition.

Environment Minister also said: With the

anticipation that the pending public hearing will be resolved through discussions
and persistent engagement with Odisha & Chattisgarh, my Ministry has taken a
decision to keep the stop work order in abeyance for a period of one year.
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taken: RTI: 20.12.2014.
www.rti.india.gov.in/cic.../CIC_SA_A_2015_000909_M_162715.pdf

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No Reservoir till Public Hearing in Odisha, Chhatisgarh

9.

Mr Biswanth Sinha Joint Secretary in an Office Memorandum dated

23.6.2015 attached to the above letter of Environment Minister asked the

Government of AP shall ensure that the public meetings are conducted in the
states of Chattisgarh and Odisha during the first 3-6 months of this period of one
year and submit outcome of the public hearing to MOEF & CC. This order is
subject to any Court order in the matter.
10.

In this Office Memorandum the Ministry reminded earlier assurance of the

Government of AP not to impound the reservoir of the project till the issue raised
by the states of Chattisgarh and Odisha are resolved, and said: this ministry
reiterated this and asked Andhra Pradesh Government not to impound the
reservoir without specific permission from this Ministry. It is also noted that the
completion of the works of dam and associated remaining works would take
about years time.

The Government of AP has assured that it would bring

about changes in design and operating parameters of the project in case so

warranted as a result of public hearings in Chhatisgarh and Odisha and such
changes would be carried out in consultation with the CWC and the consent of all
the states; as stipulated vide agreement dated 2.4.1980 would be obtained. In
that case change in design or/and operating parameters may be required to
ensure that area falling in the state of Chhatisgarh and Odisha does not come
under submergence due to the impounding of the project reservoir. MoEF &CC
has issued directions under Section 5 of EP Act 1986 vide letter of even
number/dated 11.3.2013 asking the Andhra Pradesh Government not to
impound reservoir of the project without specific permission of this Ministry. This
direction is and shall remain in force unless stated otherwise. Andhra Pradesh
Government informed that an expenditure of about Rs. 5377 crores has been
incurred in the project till 30.6.2015.
Loss of Records: Two laws violated
11.

Loosing of records is violation of two laws: Public Records Act and Right to

Information Act. The Commission records its displeasure at the claim that files
not traceable and directs to take corrective steps immediately to trace all the
files and categorize them.
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Jul 3, 2015 ... CIC/SA/A/2015/000909. D Suresh Kumar v. PIO, M/o Environment, Forests & Climate Change. Important Dates and time
taken: RTI: 20.12.2014.
www.rti.india.gov.in/cic.../CIC_SA_A_2015_000909_M_162715.pdf

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12.

The Commission directs the public authority to provide necessary support

to PIO so that he could take enough efforts to provide the requisite information
within 3 weeks from the date of hearing as assured by the representing officers.
The Commission directs the PIO to place that information and all correspondence
among the AP, Chhatisgarh, Odisha and MoEF & CC regarding public hearing and
other aspects of ISPP along with the copies of documents given today, in the
official website of the MoEF. The PIO assured the Commission to send a copy of
the information submitted to the Commission to the applicant.
13.

The appeal is disposed of with above observations.

(M. Sridhar Acharyulu)

Information Commissioner
Authenticated true copy

(Babu Lal)
Deputy Registrar
Addresses of the parties:
1
The CPIO under RTI,
Govt. of India, M/o Environment, Forests &
Climate Change (IA-I Section),
Indira Paryavarn Bhawan, Jor Bagh Road,
Aliganj, New Delhi-110003.
2

Shri D Suresh Kumar,

Flat No. 305, Devi Jayana Apartments,
Opp. RRB, New Mettuguda,
Secunderabad-500017.

File Format: PDF/Adobe Acrobat

Jul 3, 2015 ... CIC/SA/A/2015/000909. D Suresh Kumar v. PIO, M/o Environment, Forests & Climate Change. Important Dates and time
taken: RTI: 20.12.2014.
www.rti.india.gov.in/cic.../CIC_SA_A_2015_000909_M_162715.pdf

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