Central Information Commission
Mra K Venkatachalapathy vs Ministry Of Shipping,Road Transport & ... on 1 June, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/YA/A/2014/000403
Date of Hearing : 01.06.2015
Date of Decision : 01.06.2015
Complainant/Appellant : Shri A.K. Venkatachalapathy,
Rep. by Shi Raj Kumar
Tamil Nadu
Respondent : Shri D.D. Shivaji PIO/Pr. Dir.
National Highways Authority of India
Tamil Nadu
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint/appeal:
RTI application filed on : 17.09.2008
PIO replied on : 10.12.2008
First Appeal filed on : N.A.
First Appellate Authority (FAA) order on : 09/12/2010
Complaint/ Second Appeal received on : 01.10.2014
Information sought:
The appellant sought information regarding the necessity/justification for three curves created in DPR at V.C. Kottu Road on NH.68.
Relevant facts emerging during hearing:
Both the parties are present. The appellant filed an RTI application dated 17.09.2009, seeking the above information. CPIO/Manager(T) in his reply clarified as to the alignment /design of highway geometrics to the appellant. The appellant not satisfied with the reply of the CPIO, filed a complaint before this Commission. The same was remanded back to the FAA in case no. CIC/AT/C/2010/000345 vide order dt. 31.08.2010. The FAA in his order dt. 09.12.2010 passed a speaking order, further clarifying the CPIO's reply.
The appellant stated that he wants to know about the necessity of the curve. The respondent stated that the appellant is seeking this information since the year 2008 and his main contention is to have direct access to NH.68 and he has sought to lay the 4-lane road in straight line along with V.C. Kottu Road, thereby, giving him direct access to his wife's land from the National Highway.
The appellant stated that he had filed a complaint to CVC in this regard, who forwarded it to NHAI. He stated that initially, it was a straight road and there was Govt. land on both sides of that road; since the curve has been made, he is affected and he does not have direct access. He alleged that the respondent authority has deliberately denied him direct access by making these curves. The respondent contended that the complaint was forwarded by CVC to CVO, NHAI, wherein investigation was conducted, but no deviation from original plan was found. He stated that the curve was made strictly as per govt. norms. He further stated that these might be apprehensions of the appellant that he is being denied direct access. He further stated that the appellant had also approached the Madras High Court, wherein the appellant's writ petition was dismissed.
Decision:
After hearing the parties and on perusal of record, the Commission finds that information sought, has been provided to the appellant and no further action is required in this matter.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Central Public Information Officer under RTI First Appellate Authority under RTI Project Director, Chief Gen. Manager-(Tech) & RO-CR, National Highways Authority of India, National Highways Authority of India, Project Implementation Unit, Regional Office : Chennai Region, 19/2B, Junction Road, 8th Floor, Annex Building, SPIC House, Salem-636004 (Tamil Nadu).
88, Mount Road, Guindy, Chennai-600032.
Central Public Information Officer under RTI Shri A. K. Venkatachalapathy Manager - (Technical), Advocate, National Highways Authority of India 10/20, Balaji Nagar - North, Site Office - NH-68, Nallagoundanpalayam, 79/100, Annai Illam, Gandhi Nagar, Attur, Gobichettipalayam, District - Salem-636102 (Tamil Nadu). District - Erode (Tamil Nadu).