Central Information Commission
Sunil Kumar Das vs National Highways Authority Of India ... on 11 November, 2022
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/2022/643973
SUNIL KUMAR DAS ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Highways Authority of
India, RTI Cell, 428/B, Road
No. 06, Ashok Nagar,
Ranchi-834002, Jharkhand .... ितवादीगण /Respondent
Date of Hearing : 10/11/2022
Date of Decision : 10/11/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 30/03/2022
CPIO replied on : 06/04/2022
First appeal filed on : 13/04/2022
First Appellate Authority order : 28/05/2022
2nd Appeal/Complaint dated : 11/08/2022
Information sought:
The Appellant filed an RTI application dated 30.03.2022 seeking the following information:1
The CPIO furnished a point wise reply to the appellant on 06.04.2022 stated as follows:
Point No. 1. "The contact and addresses of NHAI offices and officers concerned is available at NHAI website (www.nhai.gov.in). If there is any difficulty, please contract Regional Office-Ranchi (Ph-0651-2244029) Point Nos. 2, 3 & 4: As such there is no NHAI guideline for valuation of structures (and other assets) attached to land. The same may be obtained through concerned Division of Building Construction Department, Jharkhand which are the concerned authority for structural valuation. There is no separate policy for correction in valuation under NHAI. For any clarification, the applicant may approach concerned Executive Engineer, BCD, Jharkhand."
Being dissatisfied, the appellant filed a First Appeal dated 13.04.2022. FAA's order dated 28.05.2022 held as under:-
".............Appellant has intimated that detail information has not been provided. Appellate Authority has intimated that contact and address of NHAI offices and officer concerned is available at NHAI website (www.nhai.gov.in), if contact/address of any particular office/ officer is required, appellant may contact this office for assistance. Appellate authority has further intimated to appellant that 3G award of title holders is prepared by Competent Authority Land Acquisition/ District Land Acquisition Officer. The valuation of structures is as per the norms/ schedule of rates. All structures valuation estimates are certified by concerned Executive Engineer, Building Construction Department and accepted by CALA The appellant is advised to approach Executive Engineer, BCD for these guidelines."2
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference. Respondent: Amiyanshu, Manager (Tech) RO Office & CPIO present through video-conference.
The Appellant while reiterating the contents of RTI Application expressed his dissatisfaction with the fact that a vague reply has been provided by the CPIO and the latter instead of transferring the RTI Application to the concerned CPIO by invoking Section 6(3) of RTI Act , has tried to withhold the information which is not in the spirit of RTI Act.
The CPIO submitted that a point wise reply along with relevant information was already furnished to the Appellant. He further explained that it was intimated to the Appellant that contact details and addresses of NHAI offices and officers concerned are available at NHAI website (www.nhai.gov.in), and if contact/address of any particular office/ officer is required, appellant may contact their office for assistance. He further added that the First Appellate authority in his order further intimated the appellant that 3G award of title holders is prepared by Competent Authority Land Acquisition/ District Land Acquisition Officer and that the valuation of structures is done as per the norms/ schedule of rates. All structures valuation estimates are certified by concerned Executive Engineer, Building Construction Department and accepted by CALA and the appellant was advised to approach Executive Engineer, BCD (State Government Authorities).
Decision:
The Commission upon a perusal of records and after hearing submissions of both the parties finds no infirmity in the reply provided by the CPIO earlier and now as it adequately suffices the information sought by the Appellant as per the provision of RTI Act, leaving behind no scope of further relief to be add on in the matter.3
In view of the above, no further intervention of the Commission is warranted in the matter.
The appeal is 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 / 4