Central Information Commission
Kamlesh Kumar Raghuvanshi vs Ministry Of Housing & Urban Affairs on 20 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MOHUA/A/2023/132887
Kamlesh Kumar Raghuvanshi .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
National Capital Region Transport Corporation Ltd.,
Gatishakti Bhawan, INA,
New Delhi - 110023 .... ितवादीगण /Respondent
Date of Hearing : 13.11.2024
Date of Decision : 19.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 01.03.2023
CPIO replied on : 31.03.2023
First appeal filed on : 17.04.2023
First Appellate Authority's order : 12.05.2023
2nd Appeal/Complaint dated : 28.07.2023
Information sought:
The Appellant filed an (offline) RTI application dated 01.03.2023 seeking the following information:Page 1 of 9
"2 You have mentioned that Option-1 only was suggested by Technical Feasibility Team, based on which financial implications approval: and final approval letter was issued by Govt. of India. Options 2 & 3 were considered at a later stage and Option.3 is being adopted now. Kindly provide following information in respect of the same.
2(a) Option 1 was suggested by Govt. of India appointed technical team which must have taken speed, safety and uses etc. into consideration. The team rightly avoided Sidhartha Extension Pocket 'C', a DDA developed residential colony. Kindly intimate reasons on record for adopting option '3' instead of option '1'.
2(b) Govt. of India has spent considerable money on initial project report which suggested Option.1. Kindly intimate amount of money spent on this team with names of the agencies and break-up of amount spent.
2(c) Action taken against the officials/agency involved in preparation of initial project report wrongly and suggesting Option.1, as presently NCRTC has not adopted Option.1 and has gone for Option.3 involving Sidhartha Extension, Pocket 'C'.
2(d) Please intimate specific reasons on record for which Option-1 has been discarded and Option.3 has been adopted.
2(e) Please provide copy of Govt. of India letter authorising adoption of Option.3 and including Sidhartha Extension Pocket 'C' and financial implications in adopting Option.3.
3 Sidhartha Extension Pocket 'C' was developed by DDA and the total cost of land was distributed in the cost of flats. Most of the flats have been converted to free hold after payment of prescribed fee to DDA. Land ownership rights thus rests with the residents. RWA Pocket 'C', which is the representative body of residents, has not provided any NOC to you and a resolution has also been adopted by hundred percent residents during the last three GBMs that no NOC will be provided to NCRTC. Kindly provide copy of Govt. of India letter authorising you to route the project through Siddhartha Extension, Pocket 'C and NOC, if any.
4 NCRTC is a professional organisation for executing the project and a safety zone of 5 meters from the edge of the viaduct has been kept as Page 2 of 9 per NCRTC. However, NCRTC is only an executing agency and hence can't set its own standards. Please provide details of approved standardization agency standards in India and outside India, which are to be followed by you and other executing agencies also. Railway Act allows construction at a distance of 30 meters from the track. Please intimate reasons for not following the Law of Land for this case.
5 As NCRTC is only an executing agency and hence some other independent agency must have been specified for inspection at different stages of execution as per standard norms of Govt. Of India. Please provide details of inspection agency and inspection report(s).
6 You have intimated that flora and fauna would be restored to existing level and even better and community development would also be undertaken. Video released by NCRTC on social media does not provide complete details. Please provide complete details as per the existing approval with copy of the approval of Govt. Of India letter/order.
7 Please provide copy of the SIA report as brought out in your letter No. NCRTC/CPM/D/Sidharth Extn./2019/97/1582 dated 27.02.21.
8 Please provide PERT Chart for Sarai Kale Khan Station to Jungpura. Please also provide details of the demolition of walls etc. in Sidhartha Extension Pocket 'C', construction of temporary roads, parking space for heavy machinery/cranes etc. and other works. Details of the effected trees with locations, should also be provided.
9 You are carrying out work opposite Gate No.3 of Sidhartha Extension Pocket 'C' which is causing unbearable noise and air pollution. The matter has been reported to local police authorities also. Please intimate the measures on record initiated by you for controlling noise to acceptable level and to prevent air pollution due to your work in progress and hindering of storm water/nalla flow resulting into mosquito breeding. Please also provide time schedule for this work.
10 Please intimate your decision on compensation to the residents as brought out in para-3 of recorded Minutes of discussions forwarded vide your letter No. NCRTC/CPM/D/SID ΕΧΤΕΝ./2019/97/2190 Dt. 15.9.21. Copy of the related documents/files/notes be also provided.
11 You have reportedly mentioned that NCRTC is a professional organisation and undertakes all utility diversions in a planned manner.Page 3 of 9
Complete assessment is undertaken by NCRTC before starting any work. Main approach road of Sidhartha Extension Pocket, 'C (Sankat Mochan Mandir Marg) was closed för erecting a Pillar near Ring Road/Gurdwara. You had intimated that the work would be completed in six months. Work is still pending as the road has not yet been handed over to us for last 18 months. Please intimate reasons for delay and action to be taken by you for avoiding delay, as per your records. Kindly intimate firm date by which the road would be made operational after carrying out complete repairs.
12 All the residents of Sidhartha Extension Pocket C are suffering because of your work causing abnormal noise, pollution and road connectivity. Please intimate reasons for not granting compensation to the residents as per your records, though specific provisions for the same exists in your Semi-Annual Report of 6th July 21 to 31 December 21.
13 You have intimated that overhead track is passing over many residential colonies in India and abroad. Please provide at least five examples of the same for Delhi and also intimate the name of the agencies who provided NOC for track to pass over residential colony.
14 Please provide details of the Ministry which has approved the project and under which Ministry the project is being implemented. Kindly also provide details of Ministry/agency who has approved the specifications of the Project."
The CPIO furnished a point-wise reply to the Appellant on 31.03.2023 stating as under:
"2(a) Option 3 was adopted based on the techno commercial feasibility. The document on Analysis of alignment is ready to be provided.
2(b) No such record is available with this office.
2(c) No such record is available with this office.
2(d) Please refer reply to point 2(a) above.
2(e) No Such Record is available.Page 4 of 9
3 NCRTC has already got approval from land-owing agency. However, NCRTC has not started any work inside the premises of Pockect-C Siddhartha Extension.
4 NCRTC is abiding the law of Land.
5 General Consultant (M/s Ayesa - Italfer JV) is General Consultant. GC is a well-qualified agency of PMC (Project Management Consultancy) and DDC (Detailed Design Consultancy).
6 As intimated through earlier correspondences, though NCRTC has permission to cut and transplant trees infringing the alignment to the dedicated tree transplantation site but still for the sake of pocket C residents' trees can be transplanted at any other location inside pocket C as decided by SERWA Applicant is requested to approach concern forest department for details.
7 Copy of Draft SIA report has been published on NCRTC website for public information and hard copy of the same is ready to be provided.
8 The details sought in this point cannot be shared at this moment and will be shared with the residents of Pocket C well in advance before the start of construction activity inside pocket C Siddhartha Extension.
For the details of trees please approach the concerned forest department.
9 The intermittent sound only comes during pilling activity, currently there is no pilling activity going on inside Barapulla Nalla. The contractor is advised to take measures to minimize noise pollution to the ambient level.
The flow of Barapulla is maintained by using adequate number of Hume pipes while constructing site access.
The query regarding time schedule is not clear.
10 The compensation will be given as per provisions laid down in SIA/Resettlement Plan.
Also refer reply of S.No 7 above.Page 5 of 9
11 NCRTC has requested in month of April 2022 and the shut down for the said location was received from DJD in month of October 2022. Due to delay in permission of shut down from owning agency i.e., Delhi Jal Board the subsequent work at said location got delayed. However, the main approach road (Sanket Mochan Mandir Marg) has been opened for light vehicle on 02.03.2023.
12 There is no such provision available as per record for compensation on account of the factors stipulated in point 12 of your RTI.
13 For examples of such cases and NOC you are requested to approach concerned department be it DMRC, Railways etc. 14 Ministry of Housing and Urban Affairs"
Being dissatisfied, the appellant filed a First Appeal dated 17.04.2023. The FAA vide its order dated 12.05.2023, held as under:
"2 (a) The information available with this office has already been provided.
Further consultant report for assessment of alignment option has been provided vide ref. NCRTC/CO/RTI/CPIO/380 Dated 14.03.2023.
2(b), 2(c), 2(d), 2(e), 3, 4, 5, 6, 10, 11, 12, 13. The information provided is correct and in order as per the records available.
7 The information provided is correct.
As already informed that the details sought in this point cannot be shared at this moment and will be shared with the residents of Pocket C well in advance before the start of construction activity inside Pocket C Siddhartha Extension.
8 Please refer EIA report which is already in public domain for measures to control noise.
9 The information provided is correct and in order as per the records available.
14 Various alignment options have been done by General Consultant (M/s Ayesa Italfer JV). GC a well-qualified agency of PMC (Project Management Consultancy) & DDC (Detailed Design Consultancy) and has Page 6 of 9 been finalized in consultation with NCRTC keeping in view the best techno-economical option."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Mr. Vishal K Yagyik, GM/HR &CPIO along with Mr. Devansh Gautam, B A-I/Civil present in person.
Written submission dated 13.11.2024 filed by the respondent is taken on record.
The respondent while narrating the factual background of this case stated that issue raised by the appellant in the matter relates to alleged deviation from originally planned route by National Capital Region Transport Corporation ["NCRTC"], which as per the appellant, unilaterally altered the plan to include a via duct that would pass directly through Siddhartha Extension, connecting the stabling yard at Jangpura, New Delhi. This new route has been adopted without the requisite approval from Ministry of Railway. As per the respondent's version, it was not acceptable as the plan was also endorsed by Ministry of Railways, and did not include Siddhartha Extension in the Delhi- Ghaziabad-Meerut RRTS alignment. It is worth noting that NCRTC is not a novice in the field but is a specialized government entity with extensive experience in executing complex and heavy infrastructure projects. They have a robust safety mechanism in place to monitor, supervise, and direct construction activities. This adds an additional layer of assurance that construction will be conducted in a manner that prioritizes both, safety and environmental concerns. NCRTC has demonstrated a commitment to mitigating the impact of construction on the well-being of Siddhartha Extension residents; they have devised a comprehensive approach to construction that would ensure speed and safety. The construction within the society's boundaries is scheduled with additional resources to ensure its expeditious completion. Before the initiation of construction activities, proper Page 7 of 9 road diversions will be established and managed by trained and experienced traffic marshals. This will separate construction-related vehicular activity from general traffic, thereby reducing the likelihood of congestion and accidents. During the construction phase, stringent safety measures will be in place: the worksite will be fully enclosed by high barricades and will be monitored by security personnel to restrict unauthorized entry. Upon completion of the construction, NCRTC has committed to restoring the site to its original state, supplemented by modern amenities for the residents. This restoration will take place before the site is handed back to the respective governing agency. Therefore, NCRTC has strategically planned allocation of resources to expedite the completion of the project as swiftly as possible. These are not merely preventive measures, but a proactive strategy aimed at safeguarding the public from construction-related hazards. In sum, these measures demonstrate NCRTC's conscientious approach to balancing the imperatives of public infrastructure development with the everyday lives and concerns of affected residents.
As far as RTI application is concerned, point-wise reply has already been provided to the appellant. Further, the appellant also approached the Court of Law, and their petition was dismissed.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records finds no infirmity in the reply and as sequel to it further clarifications tendered by the respondent during the hearing, as the same were found to be in consonance with the provisions of the RTI Act. Further, the Appellant is neither present nor has he filed any counter arguments to agitate the matter.
Intervention of the Commission is not warranted in this case.Page 8 of 9
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, National Capital Region Transport Corporation Ltd., Gatishakti Bhawan, INA, New Delhi - 110023 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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