No. L-16016/4/2017-GP-I Government of India Ministry of Petroleum and Natural Gas \ Shastri Bhawan, New Delhi Dated:).!> August, 2017 To, The CPIO PNGRB, NewDelhi. Sub: Information under Right to Information Act, 2005. Sir, This has reference to the CIC's order number CICjSHjAj2016j000702 dated 11.08.2017 (Annexure-I) vide which CIC has directed CPIO of this Ministry to forward the RTIapplication dated 16.11.2015 of Smt. Mita Jain to CPIOof PNGRB. 2. In view of above directions of CIC, the RTI application dated 16.11.2015 (Annexure-II) of Smt. Mita Jai is transferred herewith, with a request to furnish information directly to the applicant under intimation to this Ministry. End: as above. CPIO & Under Secretary Tel.N0.23388652 Email: [email protected]Copy to: 1) Dy. Registrar, Central Information Commission, August Kranti Bhavan, 2 nd Floor, Bhikaji Cama Place, NewDelhi - 1100066. 2) 8mt. Mita Jain Rjo Ij 12, Sahitya Kunj, M.G. Road, Agra-282002 3) Information Cell. 4) Guard file.
Transcript
No. L-16016/4/2017-GP-IGovernment of India
Ministry of Petroleum and Natural Gas
\
Shastri Bhawan, New DelhiDated:).!> August, 2017
To,The CPIOPNGRB,NewDelhi.
Sub: Information under Right to Information Act, 2005.
Sir,This has reference to the CIC's order number CICjSHjAj2016j000702 dated
11.08.2017 (Annexure-I) vide which CIC has directed CPIO of this Ministry toforward the RTIapplication dated 16.11.2015 of Smt. Mita Jain to CPIOof PNGRB.
2. In view of above directions of CIC, the RTI application dated 16.11.20 15(Annexure-II) of Smt. Mita Jai is transferred herewith, with a request to furnishinformation directly to the applicant under intimation to this Ministry.
2. CENTRALPUBLICINFORMATIONOFFICERINDRAPRASTHA GAS LIMITED·IGL BHAWAN, PL()"'NO.~,COMMUNITY CENTRE, R. K.PURAM,SECTOR-9, NEW DEI..HI-110022
mformation Commissioner Shri Sharat Sabharwal
Hearing on 11.7.2017
These files contain an appeal and a complaint in respect of the RTIapplicationsdated 16.11.2015 and 1.11.2015. The application dated 16.11.2015 was filed to the
Ministry of Petroleum and Natural Gas by Ms.Mita Jain, seeking information on three
paints regarding the standard time period. for providing a ~N(i, connection byIndraprastha Gas Limited and related issues. The second applicatio . . e 11.2015
~~·~.!t.~!b..:o.", \was filed by Shri Kush Kalra to the Indraprastha Gas Limited, se 1l'Y'.!)JYN:,nat.1,Onont;; (I c,•••~;~!o \ ij,-\~ ..~:~; ~ :cc.. .-.~' .::l
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five points regardflg free toilet facilities, drinking water facilities, dustbin facilities,
air facilities and aupther free facilities provided at the gas stations of IGL.
2. The above cas~S came up today. Ms. Mita Jain was represented by Shri Kamal
Sharma, who was pres~nt at the NIC Studio, Agra. Shri Kush Kalra was not present.
On behalf of the Respor.dents, the following were present:-
(i) ~1_1ii.~·~_~.~~~
(ii) Shri Suraj H. S., Ad~titional ,Manager (Legal) on behalf of Indraprastha-,--.......-~ "-
Gas Limited. '\' -.'-\'~~ .\.f
3. Speaking on behalf of Ms. Mita Jal.ri,;6I'?r'i~~'J$amal Sharma stated that the. .~-wt~ .."'."information has still not beenprovided'-- Fro~Flte:~~~PC/SH/C/2016/000005, we
note that information was ~ofprO-\fided in'response to theRTL.application of Shri Kush. \ .
Kalra atso, ) .i>:
---~4. The.f~tative of Indraprastha Gas Limited stated that the decision of the-"
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~ommission declaring them a public authority under the RTI Act was stayed by the
High Court of Delhi and the stay continues. The representative of the Ministry of
Petroleum and Natural Gas stated that RTI applications are filed to them from time to
time regarding information needed by the' applicants from Indraprastha Gas Limited.
They treat such applications as grievances and forwa!d them to Indraprastha Gas
Limited to provide such information as they wish to. In response to our query, the
representative of the Ministry of Petroleum and Natural Gas stated that regulatory
control over Indraprastha Gas Limited is exercised by the Petroleum and Natural Gas
Regulatory Board (PNGRB).
//
5. We have considered the records placed before us and the submissions made
during the proceedings. It is noted that the Commission's decision No.
1182/IC(A)/2007 dated 28.8.2007, declaring Indraprastha Gas Limited a public
authority under the RTI Act, was stayed by the High Court of Delhi on 14.9.2007 [W.P.
(C) 6759i2007]. The stay continues. In the meanwhile, a number of RTI applications
continue to be filed because of issues arising from the widespread public dealings of
Indraprastha Gas Limited, who reject all such applications on the ground that they are
not a public authority under the RTI Act. We also note the submission of the
representative of the Ministry of Petroleum and Natural Gas that such regulatory
control, as is exercised. on Indraprastha Gas Limited, is exercised by the PNGRB.
6. These matters are adjourned to be heard again on 11th August 2017 at 10.45
a.m. Besides the Respondents mentioned above, the next hearing on 11.8.2017
should also be attended by the CPIOof PNGRB. The CPIOof PNGRBis further directed
to file a report to the Commission, so as to reach us latest by 1.8.2017, indicating
the manner in which regulatory control is exercised by PNGRBon Indraprastha Gas
Limited and the periodic reports (together with the nature of information contained
in the same) that are filed by IndraprasthaGas Limited to PNGRB. The venue for
appearance of the parties for the hearing on 11.8.2017 will be as follows:-
For Ms. Mita Jain
NIC, District Centre,Near D.M. Meeting Hall,Ground Floor, Collectorate,Agra - 282010.
The contact officer is Mr. Vishnu Prasad Gautam, Scientist - C & Contact No. 0562-2261511.
For Shri Kush Kalra, the Respondents and PNGRB
RoomNo. 305, 2nd Floor,August Kranti Bhawan,Bhikaji Cama Place, New Delhi - 110066
7. The matter - came up again today. Since the appeal on File No.
CIC/SH/A/2016/001463 by Shri Rakesh Kumar was also against Indraprastha Gas Ltd.,
it was decided to link the above matter with the appeal and complaint on Files No.
,.".j.: ~,
. ',,:, CICISH/A/2016/000702
CIC/SHI A/2016/000702 and CIC/SH/C/2016/000005.
--- ----------- --------------------
8. Shri Kamal Sharma was present at the NI( Studio, Agra on behalf of Mis Mita
Jain, Appellant on File No. (I(/SHI A/2016/001463. The following were present on
view, the adding.:,pf such a caveat cannot be objected to in the current situation
where the Cornrnission's decision to declare 1ndraprastha Gas ltd. as a public
authority under the 'RTIAct is stayed by the High Court Of Delhi.
(IC/SH! Al2016!OO0702
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10. As stated above in this order, while the High Court stay has continued to
operate for nearly ten years now, a number of RTI applications continue to be filed
because of the issues arising from the widespread public dealings of Indraprastha Gas
Ltd. Therefore, in the meanwhile, there is need to find a way by which such
information, as is possibLeto provide, can be provided to the RTI appLicants.
11. Taking into account the above and the submissions made before us, we note
that ~eNGRBwould be the best authority to respond to the queries concerning
Indraprastha Gas Ltd., firstly because they have a good deal of information on their
records by virtue of their role as the regulator and secondly because the
representative of MIs Indraprastha Gas Ltd. stated that they would be wiLLing to
provide to the reguLator information concerning processing of individual cases of gas
'v'connections etc., if required by the regulator to do so. Therefore, the Commission /\
would advise the RTI applicants, desirous of getting information concerning
lndraprasthaGas Ltd., to file their applications to the CPIO of PNGRB. Further, in
case any applications are filed to the (PIO of MOPNG, he should forward the same
within five days of their receipt to the (PIO of PNGRB. It would be the duty of the
CPIOof PNGRBto respond" to such appl icattons, in -keeping with the provisions of the
RTI Act, and provide information, where due, on the basis of the information already
available on the records of PNGRB-"(such as service standards etc.) and by.'.,.,.,...""." ......."..~,,..,._~~"'., .•. <~. ",.".:;o00..,...~., . ..,..,_ ...,.~, .~'''''"' --"::~"""""""""''''_'_' __ .,=~~.~'"__~""'-="R_'",'_-='''',~ ..•..•...••~~'..,....•..'" '''~'''"",,-,.,,.;~ ...•= ..... ,-."-=r"
12.
Complainant, Shri K4Sh Kalra, on File No. 000005 has not been present during the
CICISHI Al2016/000702
Sd/-(Sharat Sabharwal)
Information Commissioner
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proceedings, indicating lack of interest on his part. However, the appeal of Ms. Mita
Jain on File No. 000702 has been followed up. In the light of the foregoing, we direct
the CPIOof the Ministry of Petroleum and Natural Gas to forward the RTI application,
dated 16.11.2015 of Ms. Mita Jain to the CPIG of PNGRB,within five days of the
receipt of this order, under intimation to the Commission and the AppeLLant. The
CPIGof PNGRBis directed to respond to this RTI application, within thirty days of its
receipt by him, by providing the information sought by the Appellant including, as
necessary, by requisitioning it from Indraprastha Gas Ltd. Such information, as is
provided, should be provided free of charge.
13. With the above directions and observations, the two appeals and one complaint
are disposed of.
14. Copies of this order be given free of cost to the parties.
Copy tor-
Shri K. Rajeshwara Rao,Officer on Spedal Duty (R) and CPIG,PNGRB,First Floor, World Trade Centre,Babbar Road, New Delhi - 110001
Authenticated true copy. Additional copies of orders shall be SUPB· d against.----~ar>flHfnN~~aymel)f--:Q{--t-be-mar_ges:~~~e.:..At:L-t-a-:tJJS;j.~;;JP_..;m~l!?:...-...........,.~~_,
Commission. .
CIC/SH/Af2016/000702
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Copy to:-
Appellant I Complainant:
1. MS.MITAJAIN1/12 SAHITYA KUNJ, M. G. ROAD,AGRA, U.P.-282002
Central Public Information OfficerMinistry of Petroleum & Natural GasShastri Bhavan,New Delhi - 110001
Subject: Request for information under the RTI Act, 2005
Dear sir,
Enclosed please find copy of my application dated 22.10.2015 addressed to the PIO,Indraprastha Gas Ltd., IGL Bhawan, New Delhi - 110022 seeking information as stated thereinunder the Right to Information Act, 2005.
In reply the GM (Legal), IGL vide his letter dated November 10,2015 (copy enclosed) whiledeclining to pass of the information has informed that the matter regarding the applicability ofRTI Act, 2005 on IGL is sub-judice before the Hon'ble High Court of Delhi.
The information sought is stated below:
What is the standard time period for providing a PNG connection where feasibility is OKWhy a new PNG connection has not been provided to me till date against my request2015407968.Provide a list of the connections provided in the last six months to the consumers inareas where feasibility was OK, with the date of receipt of the application with dulycompleted formalities and the date of installation of connection
In case the information is not available with the ministry then as explained under Section zff) ofthe RTI Act, 2005 quote "information" means any material in any form and informationrelating to any private body which can be accessed by a public authority under any other law forthe time being in force" unquote; either obtain this information from the concernedauthorityfbody for providing it to me or as per Section 6(3) (i)(ii) transfer my application to thatother public authority who hold this information.
IPO No. 31F 850765 towards the requisite fee under the RTI Act, 2005 is enclosed.
Thanking you,.Y'Ours-faithfully
\hk~MitaJainencl: as above.
Mlta ,Jain.~'.
c/o Mukesh Jain, 1/12, Sahitya Kunj, M. G. Road, Agra - 282002
Kindly refer to your office email dated 22/10/2015 (printout enclosed) wherein I was informed "It istechnically feasible to provide domestic PNP connection against your request 2015407968 .• As instructedin your email documents including duly filled in Repsfration form, Cheque NO.907881 dated 20.07.2015
. for Rs.600o/- drawn in favour of Indraprastha Gas Ltd., and a copy of Sub-Lease Deed of the abovepremises executed in my favour as Sub-Lessee for 90 years were forwarded to you by courier on17/07/2015.
In this context kindly provide me the following information:
1. What is the standard time period as per your office charter for providing a PNG connection whereit is feasible to provide the connection?
2. Why a new PNG connection has not been provided so far at my above address.3. Provide a list of the consumers to whom PNG connections have been provided in the last six
months in NCR, in the areas where feasibility was OK, with the date of receipt of theirapplications with duly completed formalities, and the date of installation of the connection. As perSection 7 (sub-section-s) of the RTI Act, 2005 this information may be supplied in soft copy (inCD format).
--"--...",,.,,.,--- -~"-- "-- .IPO No. 31F 850765 for Rs 10/- towards the requisite fee under the RTI Act, 2005 is enclosed.Thankfug You, '. .Yours faithfully
n;Y;;J J~MitaJain -
Enc1:as above.
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