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Shyam Prasad Vh vs National Highways Authority Of India ... on 12 July, 2024

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                के न्द्रीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                       Baba Gangnath Marg, Munirka
                        नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No.          CIC/NHAIN/A/2023/121232

Shri Shyam Prasad VH                                            ... अपीलकताग/Appellant
                                   VERSUS/बनाम

CPIO, National Highways Authority of India,                 ...प्रनतवािीगण /Respondent
Bellary

Date of Hearing                          :   10.07.2024
Date of Decision                         :   10.07.2024
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :          10.01.2023
PIO replied on                    :          13.02.2023
First Appeal filed on             :          14.02.2023
First Appellate Order on          :          13.03.2023
2 Appeal/complaint received on
 nd                               :          16.05.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 10.01.2023 seeking information on following points:-

"Award details for land acquired for NH- 63 in Toranagallu village of Sandur Taluk and also the social impact assessment report and redo award details as per the RFCTLARR Act, 2013"

The CPIO, NHAI, Ballari vide letter dated 13.02.2023 replied as under:-

"As per your request the information provided as below:

As per RFCTLARR Act, 2013 the rate is adopted In the Toranagallu village in REDO Award for Dry land Rs.247/-Per Sq.Mtr and Non- Agriculture land Rs.753/- Sq.Mtr. per"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.02.2023. The FAA, CGM (T)/Regional Officer, NHAI vide order dated 13.03.2023 stated as under:-

"The reply provided by PIO has been further examined and it is hereby directed PIO to provide the information regarding commercial land rate adopted separately if any for compensation in Toranagallu Village of Sandur Taluk as per RFCTLARR Act-2013 pertaining to NH-63 within 15days from issue of this order at free of cost to the applicant."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Absent Respondent: Shri Munir, First Division Assistant, NHAI The Appellant remained absent during the hearing despite prior intimation.

Shri Munir stated that point wise information as per available record was provided to the Appellant. He added that only agricultural and non- agricultural land was acquired in Toranagallu village for NH-63 hence there was no separate information in their records regarding commercial land compensation rate for the said village.

Decision:

Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided. Hence, no further intervention of the Commission is required in the instant matter.

With the above observation, the instant Second Appeal stands disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 of 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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