Live Law: New Delhi: Friday, August 28, 2015.
Central Information Commission directed the
Ministry of Environment & Forests to take corrective steps to trace all the
files pertaining to Polavaram National Project under construction in Andhra
Pradesh. Commissioner Prof M Sridhar Acharyulu, in an order on 25th August 2015 warned that losing of records will
violate both statutes – Public Records Act and Right to Information Act. Mr D
Suresh Kumar filed second appeal as the PIO of Ministry claimed that files
recording correspondence about ‘stop work’ orders of Polavaram were not
traceable. The appellant complained that in 5 out of 7 RTI Applications, the
respondent ministry officers claimed that the records were not traceable. 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 Commission with whatever latest
information that he could trace in relation to Stop Order of the Polavaram
Project.
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.
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.
The CPIO has brought a copy of letter dated 3rd 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.”
No Reservoir till Public Hearing in Odisha,
Chhatisgarh
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.
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 ¾ 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.
The Commission directed 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.
In another second appeal by D Suresh Kumar, the
Commission directed the MoEF to upload the Polavaram Project’s records,
especially the number and names of the villages that face submergence due to
this project on its website within one month from the date of hearing. Making
all records available is very important requirement because the AP Government
has to conduct Public Hearings in both Odisha and Chhatisgarh states on the
changed dimensions and designs of the Indira Sagar Polavaram Project (ISPP).
Public Information Officer Mr. P.V. Subba Rao submitted that all the efforts
from Ministry are on to place Polavaram Records on MoEF’s website as soon as
possible. He told Commission that on his request AP government has provided
information in softcopy. But, they could not upload as that file size was too
big which would be uploaded in three weeks.