TAMIL NADU INFORMATION COMMISSION No.2, Thiyagaraya Salai (Near Aalaiamman Temple), Teynampet, Chennai

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TAMIL NADU INFORMATION COMMISSION No.2, Thiyagaraya Salai (Near Aalaiamman Temple), Teynampet, Chennai – 600 018. Telephone: 24357580

Date of Enquiry : 20.11.2017 (F.N)

Present :

Thiru K. RAMANUJAM, I.P.S .,(Retd.) State Chief Information Commissioner.

Case Nos.SA6193/F/2017

Thiru A. Meenakshisundaram ..... APPELLANT

The Public Information Officer / General Manager (HR), Chennai Metro Rail Limited, Poonamallee High Road, Koyambedu, Chennai – 600 107. .... PUBLIC AUTHORITY

ORDER

The Appellant Thiru. A.Meenakshisundram is present for today’s (20.11.2017) enquiry. The Public Authority was represented by Thiru G.Rajarathinam, General Manager (HR), Chennai, Metro Rail Limited, Koyambedu, Chennai.

2. The petitioner has addressed CMRL for information whether the new proposed phase of metro rail will pass through Kaliamman Koil Road, Chinmaya Nagar, Virugambakkam. He has also enclosed a copy of a tentative map of the proposed track line as received through Whats App by him and other residents from a source whose identity he cannot recall now.

3. During the enquiry today the petitioner produces a copy of the report in the Times of India dated 06.9.2017 about Phase II of Metro Rail and a new corridor running from Koyambedu which he apprehends may run through his locality affecting his business.

4. The Public Information Officer has given a reply stating that the information sought will not fall within the purview of RTI Act. He is advised that whatever manner a question is framed, if there is any relevant material in the form of a record or report etc on the matter, a copy or an extract must be given, subject to exemptions in section 8, 9 and 11 of the RTI Act. A request should not be rejected on the mere ground that it is in the form of a question seeking Yes or No reply.

5. On the other hand, the petitioner is advised to adhere to the procedures laid down in section 19(1) and 19(3) of the RTI Act. After receiving the reply dated 12.02.2017 the petitioner should have move the appellate authority within a month. Instead he had chosen some more clarification from the Public Information Officer through another letter before filing the first appeal. Eventually, he has addressed the CIC which forwarded the second appeal to this Commission.

6. The Public Information Officer informs that a proposal for Phase II of Metro Rail was sent to the Government of India in April 2017 after approval by the State Government and as certain queries were raised, a revised proposal was sent recently. He also informs that till final approval, the exact alignment of the proposed metro track cannot be stated with any degree of certainity.

7. When the detailed project report is yet to be approved, sharing the complete details of the project prematurely will prejudicially affect the economic interests of the State as this project involves an estimate of over Rs.85,000/- Crores. Further, selective disclosure of the information to one petitioner while the others are in the dark will affect the competitive position of the latter. The petitioner himself is seeking information because of commercial interests. Therefore, an element of commercial confidence comes into play. The information sought is, therefore, covered by exemptions under section 8(1)(a) and 8(1)(d) of RTI Act.

8. This kind of information should ideally be published under section 4(1)(b)(xi) which covers particulars of all plans. At present there is only a detailed project report which is liable to be modified. As and when the project report is approved and finalized for implementation it can be considered a plan for disclosure under section 4(1)(b). Such suo motu disclosure at appropriate juncture will ensure a level playing field for all stakeholders, instead of selective disclosure to individual applicants, breaching the competitive interests of others.

9. Copies of the following (without enclosures) are directed to be given to the petitioner free of cost by registered post before 31.12.2017.

(i) G.O.(Ms) No. 23, Planning, Development and Special Initiatives (S.I) Dept dated 13.04.2017.

(ii) Letter in K-14011/2/2017-MRTS-III, Government of India, Ministry of Housing and Urban Affairs, Nirman Bhawan, New Delhi, dated 04.09.2017

(iii) D.O. Letter no 1639/PD&SI(SI)/2015, dated 13.10.2017 of the Principal Secretary to Government, addressed to The Secretary, Ministry of Housing and Urban Affairs, Government of India.

10. The petitioner is keen on knowing whether the proposed corridor running across his business area will be an elevated or underground one. At the moment the Public Information Officer is not able to give any definite information on this. However, he assures that if the petitioner meets him, he will be given information that can be shared with public without compromising economic interests or commercial confidence.

Sd/-K. RAMANUJAM STATE CHIEF INFORMATION COMMISSIONER.

(By order of the Commission)

Assistant Registrar

Case Nos.SA6193/F/2017

The Public Information Officer / General Manager (HR), Chennai Metro Rail Limited, Poonamallee High Road, Koyambedu, Chennai – 600 107.

Thiru A. Meenakshisundaram, Avarampoo Apartment, G Floor, 51/12B, V.V Koil Street, Chinmayanagar, Chennai – 600 092.

Copy of Judgement

Spare

VT/PA-211117