Indian Express: Chennai: Sunday, April 29, 2018.
The Tamil
Nadu Pollution Control Board (TNPCB) has withheld information to an RTI
applicant on Vedanta Limited’s Sterlite operations in Thoothukudi without
giving proper justification. This, after the applicant was initially informed
that 600-page documents will be shared upon his paying Rs 1,200 through demand
draft.
The
application was filed on April 13 by environmentalist Nityanand Jayaraman under
Section 7(1) of Right to Information (RTI) Act, 2005, invoking ‘Life and
Liberty’ clause that obligates public authorities to furnish information within
48 hours – either with provision of information or denial stating reasons.
However, even after 15 days, the Public Information Officer (PIO) of the TNPCB
is making the applicant run from pillar to post.
In his RTI
application, Jayaraman asked nine questions seeking copies of TNPCB memo dated
April 9 rejecting Vedanta’s application for renewal of consent to operate,
reports by Thoothukudi District Environmental Engineer (DEE) regarding
Vedanta’s existing operations and ongoing construction for setting up of 1,200
tonnes per day smelter plant, reports by Joint Chief Environmental Engineer of
Tirunelveli, showcause notice issued to SIPCOT Industrial Park and copies of
analyses of samples of water and air taken from the vicinity of the Vedanta
facility.
Jayaraman
told Express that the information was needed to implead in the case filed by
Sterlite, challenging the TNPCB rejection to renew Consent to Operate, before
the TNPCB Appellate Authority. Also, the board has turned a blind eye to
illegal construction of new copper smelter complex in Therku Veerapandiapuram.
Explaining
how his right to legal recourse and access to justice in the matter of
Sterlite’s pollution have been thwarted by TNPCB, Jayaraman said, “The PIO
constantly gave a false hope that the information will be provided. On April
18, PIO responded to an SMS enquiry saying they were in the process of
compilation and the request had been forwarded to PIO, Joint Chief
Environmental Engineer, Tirunelveli, who was in possession of the information.
Later, on April 20, the PIO said over phone that PIO, Tirunelveli, had compiled
about 600 pages of information, that the information would arrive by courier in
Board Corporate Office, Guindy, by April 23, and that a further two days would
be need to verify and organise the same. On April 24, I was asked to come next
day with a demand draft for Rs 1,200 in favour of TNPCB.”
“However, on
arrival at the board’s office on April 25, PIO said the information could not
be handed over as the legal department needed time to vet it. I was told that
given the sensitivity of the matter, a legal opinion was required before the
information could be handed over.
The PIO
expressed his inability to do anything about the matter stating it was out of
his hands, and was unable to provide a firm date by which the response would be
provided,” Jayaraman explained. Now, Jayaraman has filed an appeal before the
Appellant Authority under RTI Act, 2005, to furnish the information without
delay. The TNPCB officials were not available for comment.
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