Central Information Commission
R P Devadwal vs National Highways Authority Of India ... on 18 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/NHAIN/A/2022/645871 +
CIC/NHAIN/A/2022/645878
R P Devadwal ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Highways Authority of
India, PIU-Dausa, RTI Cell,
A-2, Indira Colony, Opp.
Roadways Bus Depot,
Dausa-303303, Rajasthan. .... ितवादीगण /Respondent
Date of Hearing : 17/05/2023
Date of Decision : 17/05/2023
INFORMATION COMMISSIONER : Saroj Punhani
Note - The above mentioned Appeals have been clubbed together for decision
as these are based on similar RTI Applications.
Relevant facts emerging from appeal(s):
RTI applications filed on : 20/03/2022 & 26/03/2022
CPIO replied on : 21/04/2022
First appeals filed on : 16/05/2022
First Appellate Authority order : 01/06/2022
Second Appeal dated : 11/08/2022
1
CIC/NHAIN/A/2022/645871
Information sought:
The Appellant filed an RTI application dated 20.03.2022 seeking the following information:
"THE GAZETTE OF INDIA CG-DL-E-13012022-232623, EXTRAORDINARY, PART-II, SECTION-3, SUB-SECTION(II) NO.174, NEW DELHI, THURSDAY, JANUARY13, 2022/PAUSHA 23,1943 THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS ON JANUARY13, 2022 CONSTRUCTION OF SIX LANE ROAD FROM BANDIKUI (DELHI- VADODARA EXPRESSWAY) TO JAIPUR IN JAWA RAMGARH TEHSIL OF JAIPUR DISTRICT NATIONAL HIGHWAY NEC LAND ACQUISITION NOTIFICATION HAS BEEN ISSUED FOR THIS AND UNDER THIS THE OFFICE OF COMPETENT AUTHORITY (LAND ACQUISITION) AND ADDL.DISTRICT COLLECTOR-Ill, JAIPUR (RAJASTHAN) HAS ISSUED LAND ACQUISITION NOTICE NOTIFICATION.
ACCORDING TO THE ABOVE NOTIFICATION, THE APPLICANT SHOULD BE INFORMED THAT THE TOTAL COMPENSATION AMOUNT WILL BE GIVEN TO THE LANDOWNERS/INTERESTED PERSONS OF VILLAGE NEWAR (1.) SERIAL NUMBER 326, SURVEY NUMBER 255 OF JAMWA RAMGARH TEHSIL OF JAIPUR DISTRICT (2.) HOW MUCH TOTAL COMPENSATION AMOUNT WILL BE GIVEN TO THE LANDOWNERS/INTERESTED PERSONS OF VILLAGE NEWAR SERIAL NUMBER-330, SERVEY NUMBER -261 ABOVE NOTIFICATION.
AND THE COMPENSATION AMOUNT OF S NO. 1 & 2 ABOVE SERIAL NUMBER 326 & 330, SURVEY NUMBER 255 & 261) SHOULD BE GIVEN AS PER THE FOLLOWING SUMMARY OF AWARD.
SUMMARY OF AWARD SR.No. DETERMINATION OF COMPENSATION AMOUNT 1 MARKET VALUE OF LAND IN ACCORDANCE WITH SUB-SECTION (1) OF SECTION 26, READ WITH SUB-SECTION (3) OF SECTION 26 AND SECTION 28 OF THE RFCTLARR ACT, 2013. MARKET VALUE OF LAND 2
2. MULTIPLICATION FACTOR APPLICABLE TO THE MARKET VALUE AMOUNT DETERMINED AS IN SR. NO. 1 ABOVE IN TERMS OF SUBSECTION (2) OF SECTION 26 OF THE RFCTLARR ACT, 2013.
3. VALUE OF ASSETS (STRUCTURES & TREES) ATTACHED TO THE LAND UNDER ACQUISITION IN TERMS Of SECTION 29 Of THE RFCTLARR ACT 2013 4 TOTAL 2 PLUS 3
5. 100% SOCATIUM ON THE AMOUNT IN ACCORDANCE WITH SECTION 30 OF THE RFCTLARR ACT, 2013, ARRIVED AT SR. NO. 442 PLUS 3)
6. ADDL. 12% INTEREST AMOUNT WS 3 OF SECTION 30 OF THE RFCTLARR ACT, 2013 ON MARKET VALUE OF LAND
7. TOTAL COMPENSATION AMOUNT (S PLUS 6)."
The CPIO, NHAI, Dausa transferred the RTI Application to the CPIO, ADM, Jaipur on 21.04.2022 under due intimation to the Appellant.
Being dissatisfied, the appellant filed a First Appeal dated Nil. FAA's order, if any, is not available on record.
CIC/NHAIN/A/2022/645878 Information sought:
The Appellant filed an RTI application dated 26.03.2022 seeking the following information:
"THE GAZETTE OF INDIA CG-DL-E-13012022-232623, EXTRAORDINARY, PART-II, SECTION-3, SUB-SECTION(II) NO. 174, NEW DELHI, THURSDAY, 1ANUARY13, 2022/PAUSHA 23,1943 THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS ON JANUARY13, 2022 CONSTRUCTION OF SIX LANE ROAD FROM BANDIKU1 (DELHI-VADODARA EXPRESSWAY) TO JAIPUR IN JAMWA RAMGARH TEHSIL OF JAIPUR DISTRICT NATIONAL HIGHWAY NE4C LAND ACQUISITION NOTIFICATION HAS BEEN ISSUED FOR THIS AND UNDER THIS THE OFFICE OF COMPETENT AUTHORITY (LAND ACQUISITION) AND ADDL DISTRICT COLLECTOR-Ill, JAIPUR (RAJASTHAN) HAS ISSUED LAND ACQUISITION NOTICE NOTIFICATION.3
ACCORDING TO THE ABOVE NOTIFICATION, THE APPLICANT SHOULD BE INFORMED AS BELOW:
1 When will the construction work of 6 lane road National Highway number NL4C from Bandikui (Delhi Vadodara Expressway) to Jaipur will be start and in how many days it will be completed.
2 How many toll plazas or cuts will be made on the above National Highway number NE4C from Bandikui to Jaipur, the places where toll plazas or cuts will be made, the names of those places and villages should be told
3. Whether toll plaza will be constructed in the village liewar falling on the above National Highway number NE4C, Information should be given
4. When will the farmers get the compensation for the land coming in Jamwaramgarh tehsil on the above National Highway No. NE4C they should be told and what documents will be required for compensation to the farmers
5. The land is to be acquired in Newer village on the above National Highway NO. NE4C.
Compensation for the following land types per hectare / per bigha how much rupees will be given to the farmers of Newar village should be told in the following way.-
Type of land Nature of land Compensation per Hectare/Bigha Rs.
2. Personal Bunjad 1
3. Personal Bunjad 2
4. Personal Barani 2 5 Personal Barani 3
6. Personal Chahi 1
7. Personal Chahi 3 8 Personal Chahi 4."
The CPIO, NHAI, Dausa transferred the RTI Application to the CPIO, ADM, Jaipur on 21.04.2022 under due intimation to the Appellant.
Being dissatisfied, the appellant filed a First Appeal dated 16.05.2022. FAA's order, dated 01.06.2022, held as under:
4"RTI has been transferred to CPIO cum ADM Jaipur for suitable reply under Section 6 (3) of RTI Act."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal on the ground of non-receipt of complete desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Sahi Ram, PD & CPIO present through video-conference.
The CPIO submitted that the actual custodian of information sought by the Appellant which pertains to land acquisition and compensation granted to landowners for construction of averred express way, is the State Government. Therefore, the instant RTI Application has been transferred to the CPIO, ADM office Jaipur under Section 6(3) of RTI Act under due intimation to the Appellant.
Decision:
The Commission upon a perusal of records and after hearing submissions of the CPIO finds no infirmity in the factual replies of the CPIO as the same were found to be in consonance with the provisions of RTI Act.
In view of the above, no further action is warranted in the matters.
However, the Appellant is advised to approach the concerned State Government authorities for further clarifications in the matter.
ADVISORY Nonetheless, it will be in the best interest of Respondent Public Authority to explore the viability of updating FAQs Section on their website wherein a brief outline pertaining to the issues/clarifications regarding actual custodian of information which relates to State Government authorities and orders/circulars, etc. can be easily identified and relevant information in that regard can be placed in the public domain in keeping with the letter and spirit of suo motu disclosures prescribed under Section 4 of the RTI Act. This will also relieve the public authority 5 from the burden of RTI Applications which are filed merely seeking clarifications and not any specific record.
In pursuance of the aforesaid advisory, the CPIO is directed to place a copy of this order before their competent authority for taking appropriate action.
The appeals are disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6