The CIC has directed the office of Union Minister of State for Environment Prakash Javadekar to disclose the report of Shailesh Nayak Committee which had examined the issues raised by states affected by 2011 regulations of Coastal Regulation Zone.
The Central Information Commission(CIC) also issued a show cause notice to the Central Public Information Officer of the Ministry for not making available the report of the Committee to an activist who had underlined huge public interest in its disclosure.
The first CRZ notification issued in 1991 gave powers to Central Government to restrict activities around ecologically sensitive coastal belt spanning over 7,500 km. They were revised in 2011 over which some coastal states had raised objections.
Government is facing criticism for bringing changes into the new CRZ since 2014 which allegedly run parallel to the process of a special committee set up to review the CRZ notification.
The then Earth Sciences Ministry Secretary Shailesh Nayak was tasked by the Centre to look into the issue and come up with a report which he had submitted in 2015.
An activist Kanchi Kohli, associated with Centre for Policy Research, Namati Environment Justice Programme, filed an RTI application seeking copy of the report along with file notings but the Environment Ministry said "in submission with the Minister it cannot be provided".
Kohli said the report "must have analysed the errors and inconsistencies" of the CRZ notifications, without examining which seven amendments were notified since January 2015, facilitating heavy constructions, coastal roads etc.
It is not possible to discuss, question and determine if these amendments have any scientific, administrative or legal basis, the activist said.
"The Commission reiterates its order that each Minister is a public authority and directs the office of Minister for Environment and Forests considering his principal secretary as CPIO to provide certified copy of the report, file notings, minutes and correspondence of the committee, from the file held by them, along with latest action taken," Information Commissioner Sridhar Acharyulu said.
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Acharyulu said the issue of disclosure of report of Naik Committee is very vital and of great public interest.
"If the report of the Committee discussed the 'errors and inconsistencies' of the CRZ notification, they should be made known to the public in general and appellants in particular so that there can be a fair chance of analysing scientific, administrative or legal basis of these amendments, that might have been identified by the Committee," he said.
He said sustaining common use areas like beaches and creeks and access to the shore for everyday occupations is gradually becoming a challenge for many coastal communities.
"When these aspects are analysed, discussed and reported by an expert committee, there appears no justification in refusing the disclosure of report," Acharyulu said.
Issuing a show cause notice for denying access to report, Acharyulu said the Ministry cannot invent a new defence or exemption such as 'the report is under submission', 'file is pending consideration' and 'unless approved it cannot be given' etc as they are not available under RTI Act, 2005.
Terming the rejection as "arbitrary", he said, "the appellant has established the public interest in its disclosure saying that the refusal to make public the Shailesh Nayak Committee report and its proceedings could lead to a situation which will generate an unequal CRZ law as coastal expanses causing steady adverse impact on environment."
"The suppression of Shailesh Nayak report while issuing successive amendments gives rise to many suspicions, which need to be cleared. Copy of report could have been given saying it is pending for approval," he said.
