UNION OF INDIA Vs. G KRISHNAN

JUDGEMENT

(1.) THE petitioner, Union of India assails the order dated 09.04.2012 passed by the Central Information Commission (CIC) in Appeal No.CIC/SG/A/2012/000374, whereby the second appeal preferred by the respondent, Sh. G. Krishnan has been allowed, and a direction has been issued to the petitioner to provide an attested copy of the summary of the Western Ghats Ecology Expert Panel (WGEEP) Report and the report on the Athirappilly Hydro Electric Project, Kerala to the respondent before 05.05.2012. It has further been directed that the WGEEP report be placed on the website of the Ministry of Environment and Forest (MOEF) before 10.05.2012. A further direction has been issued to the (MOEF) to publish all reports of commissions, special committees or panels within 30 days of receiving the same, unless it is felt that any part of such report is exempted under the provisions of Section 8(1) and Section 9 of the Right to Information (RTI) Act. Further directions have been issued in this regard.

(2.) THE respondent sought from the PIO of the petitioner the summary of the report submitted to the MOEF by the WGEEP under the chairmanship of Prof. Madhav Gadgil and their report on the Athirappilly HEP Kerala. THE PIO of the MOEF replied to the said query by observing that:

(3.) THE submission of learned ASG Ms. Indira Jaising, who appears for the petitioner, is that so as to take an informed decision while acting under Section 3(2)(v) of the Environment Protection Act, 1986, which empowers the Central Government to take measures with respect to "restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards", the MOEF constituted an expert panel on 04.03.2010 called the WGEEP under the chairmanship of Prof. Madhav Gadgil. This expert panel had 13 members and one chairman, namely Prof. Madhav Gadgil.