Central Information Commission
S S Saraswat vs National Highways Authority Of India ... on 24 June, 2021
CIC/NHAIN/A/2019/638907
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No. CIC/NHAIN/A/2019/638907
In the matter of:
S S Saraswat ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Project Director, National
Highways Authority of India,
Project Implementation Unit,
D-148, Behind RSEB Sub Station
Vaishali Nagar, Jaipur- 302021
Relevant dates emerging from the appeal:
RTI Application filed on : 08.11.2018
CPIO replied on : 03.12.2018
First Appeal filed on : 04.01.2019
First Appellate Authority order : Not on record
Second Appeal received on : 23.04.2019
Date of Hearing : 12.05.2021
The following were present:
Appellant: Shri S.S. Saraswat participated in the hearing upon being contacted on
his telephone.
Respondent: Shri Ajay Arya, Project Director participated in the hearing on being
contacted on his telephone.
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CIC/NHAIN/A/2019/638907
ORDER
Information sought:
The Appellant filed an online RTI Application dated 08.11.2018 seeking information on the following seven points:
"Sir, please furnish the following information under RTI Act 2005 about NHAI Barkheda, chandlai toll plaza (at.30.500km), section: Goner-tonk(sadar) on NH- 12, near jaipur (Rajasthan).
1. Please provide the details of groundwater withdrawals by NHAI at this toll both and other locations of jaipur district.
2. Provide details of Type and no. of groundwater abstraction structures and their year of construction.
3. Provide details of depth and ground water withdrawals from each structure by NHAI at this toll both and other locations of jaipur district.
4. Was prior permission/NOC to abstract ground water obtained from central ground water authority authority(CGWA) at this toll booth and other locations of jaipur district.
5. Provide a copy of NOC issued by CGWA for Ground water withdrawal at this toll booth and other locations of jaipur district.
6. Provide the details of drilling agency engaged for constructing tubewell/borewell at this toll booth and other locations of jaipur district.\
7. Provide the details and no. of Tubewells/borewells constructed by NHAI in jaipur district including the year of construction.
The CPIO vide letter dated 03.12.2018, informed the Appellant that "Jaipur-Tonk- Deoli Section of NH-12 Project is a BOT (Toll) Project. Hence, desired information is not available in this office". Being dissatisfied, the Appellant filed a First Appeal dated 04.01.2019, which has not been adjudicated by the First Appellate Authority.Page 2 of 5
CIC/NHAIN/A/2019/638907 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing: In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Appellant reiterated the contents of the instant RTI Application. He stated that the information sought herein has not been provided by the Respondent till date.
The Respondent submitted that appropriate reply has been provided to the Appellant vide letter dated 03.12.2018. At the instance of the Commission, the Respondent replied that since the averred project was a BOT Project, the concerned concessionaire had to handle all the relevant work. He further replied that the information sought by the Appellant in the instant RTI Application has been dealt by the concessionaire and that the involvement of the answering Respondent is zilch. He added that they can inform the concessionaire to provide the information directly to the Appellant.
The Appellant interjected to state that the Respondent has not perused the contents of the instant RTI Application and has resorted to out-rightly deny the information. He further stated that the Respondent could have at least obtained the information from the concerned custodian of records and provide a copy of the same to him. Upon queried by the Commission as to why he is seeking the said information, he clarified that he is a government servant and is neither associated with the Page 3 of 5 CIC/NHAIN/A/2019/638907 Respondent nor he has any relation with any contractor, in any form for whatsoever manner. He asserted that the information sought is in larger public interest.
In response to the interjection of the Appellant, the Respondent submitted that the averred Project was initiated in 2013. He furthermore submitted that the contact of the concerned concessionaire is available with them and an intimation will be sent to them to provide the said information to the Appellant.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has provided a reply vide letter dated 03.12.2018, the same is not satisfactory. Moreover, the Respondent has clarified the fact that the information sought in the instant RTI Application is in the possession of the concessionaire. Hence, the Commission deems it fit to direct the present PIO to obtain the relevant information from the concerned concessionaire under Section 5(4) of the RTI Act and provide a copy of the same to the Appellant, with a copy marked to the Commission, within 15 days from the date of receipt of this order. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove(अिमतापांडव)
Information Commissioner(सूचना आयु )
िदनांक / Date: 24.06.2021
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CIC/NHAIN/A/2019/638907
Authenticated true copy
(अिभ मािणत स ािपत ित)
B. S. Kasana (बी. एस. कसाना)
Dy. Registrar (उप-पंजीयक)
011-26105027
Addresses of the parties:
1. The First Appellate Authority (FAA)
/Chief General Manager, Regonal Officer,
National Highways Authority of India,
Project Implementation Unit, Regional Office Rajasthan - F-120, Janpath Shyam Nagar, Jaipur- 302019
2. The Central Public Information Officer /Project Director, National Highways Authority of India, Project Implementation Unit, D-148, Behind RSEB Sub Station Vaishali Nagar, Jaipur- 302021
3. Mr. S S Saraswat Page 5 of 5