Dr Raja Muzaffar Bhat
Few years back when I had applied for a retail LPG dealership before Hindustan Petroleum Corporation Limited (HPCL), I was told by the officials that I don’t have enough space for dumping the LPG gas cylinders and with the result my application was rejected. But the reality is that I had enough space available and more than 10 retail LPG dumping sites could be established there. I tried to raise this issue with Chairman & MD HPCL Mumbai as well who directed local officials to look into the factual details. The local officials contacted me but again they turned down my request. I informed the officials that i have more than 50 kanals of ancestral land available in the area where we could have an ideal dumping site / go-down but by that time I was fully convinced that allotment has been pre-decided. Pertinent to mention that for a retail LPG go-down hardly 1 or 2 kanals of land is needed and I had more than that available. Being aggrieved over this issue I thought to seek information under Right to Information Act (RTI) about various LPG dumping sites / Godowns located in Srinagar and Budgam districts. I wanted to know whether all the LPG godowns are located outside congested areas or not ? In addition of asking for the list of dumping sites / godowns , I requested HPCL to allow me for undertaking inspection of these sites as well under the provisions of section 2 (i) of J&K RTI Act 2009 . The HPCL office at Bari Bhrahmana didn’t provide me the information within stipulated time of 30 days nor was I allowed to inspect the dumping sites / godowns, Subsequently I filed 1st appeal before the First Appellate Authority (FAA) of the company. Again they didn’t respond and finally I knocked the doors of State Information Commission (SIC) by filing 2nd appeal before the said Commission.
SIC’s order against HPCL :
After filing the appeal before SIC , the HPCL officials in Jammu responded to me even before the case hearing. They provided me some information vis speed post which was incomplete and misleading. Meanwhile the State Information Commission (SIC) vide its order dated 16.1.2015 directed the HPCL to reveal the information proactively on its website and a set of information was to be sent to me as well . The SIC issued the order which read as :
” The Commission in its wisdom believes that nobody should be condemned unheard and an appellant should be given adequate and reasonable opportunity of being heard before arriving at just conclusion while disposing of a matter. In the given circumstances the CPIO (Sr Regional Manager) and Executive Director LPG of HPCL (First Appellate Authority) are hereby directed to send another set of information to the information seeker free of cost under a registered cover at his residential address given in the RTI application within one week from the date of pronouncement of this order. The CPIO is further directed to allow the appellant an opportunity to inspect all the dumping sites of LPG outlets in various areas of Srinagar and Budgam districts. The parties are at liberty to settle the date and time for inspection of the dumping sites. The appellant has also requested in his RTI application that the entire information should be proactively disclosed under section 4 of J&K RTI Act,2009 relating to HPCL and he be provided a link of official website where this information is proactively available. In view of the request of the appellant, Senior Regional Manager/Central Public Information Officer, Hindustan Petroleum Corporation Limited Jammu & Kashmir and Executive Director-LPG/1st Appellate Authority for HPCL are hereby directed to implement the mandate of Section 4(2) which orders suo-motu disclosure of the entire information relating to HPCL in the larger public interest within three weeks from the date of receipt of this order under an intimation to the commission”
It is more than 9 months since the SIC issued orders but till date neither the correct information has been provided to me nor has the HPCL allowed me to inspect their dumping sites / go-downs. Irony is that HPCL in its reply informed me that they don’t have any dumping sites but instead they have go-downs. Is there any difference between a go-down or a dumping sites ? I have now filed a complaint before SIC for non compliance of its orders and I am sure the erring officials will be penalized soon for violating State RTI Act.
Go-downs / dumping sites in populated areas:
I can say this with authority that most of the LPG dumping sites of different companies are located in populated areas especially in Jammu and Srinagar cities which goes against the mandate of Explosives Act. I would not have written this whole story which revolves round me but after another case from Jammu of similar nature landed in State Information Commission (SIC) few weeks back, I thought it was my moral duty to highlight this serious issue which goes unnoticed by the authorities.
The State Information Commission (SIC) vide its decision No: SIC/J/A/314/2015/217 dated 8.10.2015 directed the HPCL office in Bari-Bhrahmana Jammu to provide information about inspection reports of an LPG go-down / dumping site which happens to be located near a private Engineering College at Babliana Jammu. Information seeker namely Kovid Khosla from Sidhra Jammu was earlier denied this information by HPCL citing the reasons of involvement of trade secrets etc [section 8 (1) (d)]. This plea was dismissed by the State Information Commission (SIC) during the case hearing on Oct 8th 2015 . The judgment in this case issued by Information Commissioner Dr S K Sharma reads as “Information sought by the information seeker is of public importance and the matter involves larger public interest, as the godown of the said gas agency has been functioning next to the MBS Engineering College in gross violation of the guidelines and the Explosives Act etc and may thus endanger the precious lives of hundreds of students. In view of the aforesaid facts and observations, the CPIO and the First Appellate Authority are hereby directed to disclose the entire information to the appellant within 10 days from the date of receipt of this order under an intimation to the Commission”
Conclusion:
In view of the above I would appeal J&K Government especially the Chief Minister , Deputy Chief Minister , Divisional Commissioners of Kashmir / Jammu and DG Fire & Emergency Services to look into this matter which is of very serious nature. Authorities must ensure relocation of all the LPG dumping sites / godowns from populated areas. It will be disastrous if something goes wrong and it is better to act now.
feedbackexcelsior@gmail.com
Trending Now
E-Paper
Follow our WhatsApp channel