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Swapnil Balasaheb Devdare vs National Highways Authority Of India ... on 29 January, 2026

                              के ीय सू चना आयोग
                        Central Information Commission
                           बाबा गंगनाथ माग, मुिनरका
                         Baba Gangnath Marg, Munirka
                         नई िद ी, New Delhi - 110067


 File No: CIC/NHAIN/A/2024/129626

 Swapnil Balasaheb Devdare                                       .....अपीलकता/Appellant

                                               VERSUS
                                                बनाम

 CPIO
 National Highways Authority of
 Lndia, Project Implementation
 Unit - Panvel, Survey No. 63,
 D Point on NH4B, Chinchpada -
 Kalamboil Bypass Road, Panvel
 - 410206                                                   .... ितवादीगण /Respondent

 Date of Hearing                     :   29.01.2026
 Date of Decision                    :   29.01.2026

INFORMATION COMMISSIONER :               Jaya Varma Sinha

Relevant facts emerging from appeal:

 RTI application filed on            :   07.02.2024
 CPIO replied on                     :   14.02.2024
 First appeal filed on               :   13.03.2024
 First Appellate Authority's order   :   29.04.2024
 2nd Appeal dated                    :   08.08.2024

Information sought

:

1. The Appellant filed an RTI application dated 07.02.2024(offline) seeking the following information:

"A) Please provide information on the demolition of illegal structures in Village Vahal, Taluka Panvel, in the month of January 2024 and CIC/NHAIN/A/2024/129626 Page 1 of 5 B) Production of Documents pertaining to Demolition order, Action taken in the month of January prior to visit of Prime Minister Narendra Modi on illegal structure on survey no 436, Plans and layout plan for Highway road touching the land bearing Survey no 436, in Village Vahal, Taluka Panvel, NH Vahal Chirner Road, Navi Mumbai.

C) Please provide us the inspection of documents and only those documents required by us to be provided."

2. The CPIO furnished a reply to the Appellant on 14.02.2024 stating as under:

"No illegal structures in village Vahal, Taluka Panvel, NH, Vahal Chirner Navi Road, Mumbai demolished prior to visit of Prime Minister Narendra Modi by this office."

3. Being dissatisfied, the Appellant filed a First Appeal dated 13.03.2024. The FAA vide its order dated 29.04.2024, held as under:

" (i) The Appeal was heard in accordance with provision of RTI Act and with particular reference to para 2(f), (i) and (j).

(ii) During the hearing it was noted that CPIO (Project Director, Panvel) was not found deliberately delaying or denying the information requested by applicant.

(iii) In view of the above and as per the provisions of RTI Act following is ordered-

a) The Appellant is requested to visit PIU- Panvel Office within 07 days from the issue of this Order on any working days during working hour i.e. 10.00 Am to 6.00 PM with prior intimation to PIU- Panvel Office and inspect the available documents / records, take photocopy. Applicant has also choice to either go himself or send his authorized representative for this purpose. CPIO & PD, PIU-

Panvel is directed to provide free access to all the records available at PIU- Panvel and provide copies of documents as desired by the Appellant in conformity with RTI Act 2005.

(iv) With above order, the Appeal stands disposed off."

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Absent.

Respondent: Shri Sachin Kumar Gautam, CPIO-cum-DGM, attended the hearing through VC.

5. The Appellant did not participate in the hearing despite service of the hearing notice.

6. The Respondent submitted that no illegal structures in village Vahal, Taluka Panvel, NH, Vahal Chirner Navi Road, Mumbai, was demolished by NHAI and therefore a suitable reply was given to the Appellant by the CPIO. He added that the information sought by the Appellant in instant RIT Application pertains to the City and Industrial Development Corporation of Maharashtra (CIDCO) which comes under the purview and control of State Government of Maharashtra.

7. A written submission has been received from Shri Sachin Kumar Gautam, CPIO-cum-DGM, vide letter dated 22.01.2026, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:

"a) In the RTI application dated 07.02.2024 mentioned above, the RTI applicant has requested to provide the details regarding demolition of illegal structures in Village Vahal, Taluka Panvel in the month of January 2024 and production of documents pertaining to Demolition order, action taken in the month of January prior to visit of Prime Minister Narendra Modi on illegal structure on survey no.

436, plans and layout plan for highway road touching the land bearing Survey No. 436, in village Vahal, Taluka Panvel, NH, Vahal Chirner Road, Navi Mumbai. On which, CPIO replied vide letter no. 1888 dated 14.02.2024 (ref. xvi) stating that "No illegal structures in village Vahal, Taluka Panvel, NH, Vahal Chirner Road, Navi Mumbai demolished prior to visit of Prime Minister Narendra Modi by this office." Thereafter, RTI Applicant has appealed vide his RTI appeal dated 13.03.2024 (addressed to NHAI, PIU-Panvel) and on which CPIO replied vide this office letter no. 2165 dated 15.03.2024. (ref. xiii) that "this office has already replied to the query asked in your RTI Application dated 07.02.2024. Further, in addition to this, it is to inform you that the illegal structures in village Vahal, Taluka Panvel, NH, Vahal Chirner Road, Navi Mumbai is done by CIDCO only. It is to inform that you have addressed the RTI Appeal addressing to NHAI, PIU- Panvel which is not the First Appellate Authority."

Also, RTI Appellant has appealed to 1st Appellate Authority i.e. Regional Office, Mumbai and RO-Mumbai vide RTI hearing letter no. 38 dated 05.04.2024 has requested CPIO to submit the report and on which CPIO has replied vide this office letter no. 88 dated 12.04.2024 (addressed to RO-Mumbai). (ref. viii).

Subsequently RTI hearing was conducted on 29.04.2024 at 12:00 PM, with 1st Appellate Authority, CGM (Tech) & RO-Mumbai and Appellant Shri Swapnil Devdare wherein 1 Appellate Authority & CGM (Tech), RO-Mumbai vide Order dated 29.04.2024 (ref. vi) has requested to RTI Appellant to visit NHAI, PIU- Panvel to inspect the available documents /records. After the RTI hearing, 1 Appellate Authority & CGM (T), RO-Mumbai has issued the FAA Order stating that "The Appellant is requested to visit PIU-Panvel office within 07 days from the issue of this Order on any working days during working hour i.e. 10:00 AM to 06:00 PM with prior intimation to PIU-Panvel office and inspect the available documents/records, take photocopy. Applicant has also choice to either go himself or send his authorized representative for this purpose. CPIO & PD, PIU- Panvel is directed to provide free access to all the records available at PIU- Panvel and provide copies of documents as desired by the Appellant in conformity with RTI Act 2005,"

RTI Appellant vide his letter dated 09.05.2024, 28.05.2024 & 05.06.2024 (ref. iv & v) has requested to provide the date and time for inspection of office records in compliance of the FAA Order dated 29.04.2024.

And in reply, this office vide letter no. 310 dated 10.05.2024 (ref. iii) has requested the RTI Appellant Shri Swapnil Devdare to visit PIU-Panvel office within 07 days from the issue of Order dated 29.04.2024 on any working days during working hours i.e. 10:00 AM to 6:00 PM with prior intimation to PIU - Panvel Office.

RTI Appellant on visit to NHAI, PIU-Panvel on dated 05.06.2024 (ref. iv) for inspection of documents, this office has communicated the RTI Appellant vide this letter no. 491 dated 13.06.2024. (ref. ii) stating that "the documents which you required is not available with this office and requested to approach CIDCO for further correspondence.""

Decision:

8. The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the subject-matter of the instant RTI Application pertains to CIDCO which comes under the purview and control of State Government of Maharashtra, therefore, the Appellant is advised to take-up the issue before the competent authority/forum as the Commission is not empowered to adjudicate upon the matters which is outside the purview of Central List.

9. It is pertinent to mention that the instant Second Appeal has been filed beyond the stipulated time-frame as per the provisions of RTI Act and CIC/NHAIN/A/2024/129626 Page 4 of 5 further no Application for condonation of delay is on the record. Hence, the Commission dismisses the instant appeal as a time-barred Second Appeal.

The appeal is dismissed accordingly.

Jaya Varma Sinha (जया वमा िस ा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Ashutosh Vasishta) Dy. Registrar 011- 26107042 CIC/NHAIN/A/2024/129626 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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