Central Information Commission
Sanjay Dalal vs Ut Of Dadra And Nagar Haveli And Daman And ... on 27 May, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DNHDU/A/2024/607078
Sanjay Dalal .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
The Executive Engineer,
Work Division - I, Public Works
Department, Moti Daman - 396220 .... ितवादीगण /Respondent
Date of Hearing : 22.05.2025
Date of Decision : 26.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 09.11.2023
PIO replied on : Not on record
First appeal filed on : 27.12.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 18.02.2024
Information sought:
1. The Appellant filed an RTI application dated 09.11.2023 (offline) seeking the following information:
"Provide the following information/certified copy of all works that make project "NaMo Path" in Nani Daman:
1) Give a list of works that constitute the "NaMo Path" with an estimate number of that work Page 1 of 6
2) Estimate file (including noting) of each work
3) The tender file of each work
4) If tenders are published multiple times, give reasons recorded in file for the same each time for every work
5) Give the name of agencies taking tender in each call for every work
6) All Work Orders
7) Clearance Certificate from CRZ/CZM Committee and/or National CRZ/CZM Committee and/or Ministry of Environment for this project
8) Give all BCR IV or Statement of Accounts of each work that shows the receiving of funds and all expenditures with dates
9) Give all R. A. Bills including Escalation and Extra Item Bills
10) Give all Measurement Books"
2. Not having received any response from the PIO, the Appellant filed a First Appeal dated 27.12.2023. The FAA's order is not on record.
3. 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 Sreekumar, Assistant Engineer, appeared through video conference.
4. The Respondent while defending their case inter alia submitted that the issues raised in this appeal are identical to those in the complaint file No. CIC/DNHDU/C/2023/655487 disposed of by the Commission on 28.03.2024. The Respondent further submitted that the PIO had already provided point- wise information to the Appellant vide letter dated 30.03.2024. A copy of the same is placed on record. For the sake of clarity, the contents of the replies given to the Appellant are reproduced as under:
"Sr. Question of RTI Act Reply No. 1 Give a list of works Sr. Name of work File No. that constitute the No. 'Namo Path' with 1 Sea front road No.EE/PWD/DMN Page 2 of 6 an estimate & /AB/TC/2018- number of the Beautification 19/5054/WO-work. of Devka Beach 15/2956
at Nani-Daman Km 0/0 to 6/380) 2 Additional & No.PWD/DMN/AB extension of /TC/5054/T-T-
Sea front road 86.01/2021- from Chhapli 22/WO-04/1989 Sheri to Devka beach up to pricess park (balance work) and protection work with diaphragm wall near jetty area at Nani Daman & Moti-Daman and Jetty (Samudra Narayan Ghat) (2nd Call) 2 Estimate file Copy of estimate file excluding noting is (including nothing) enclosed. 3 The tender file of As per the Right to Information Act 2005. each work. Under section 8(d), the information cannot be provided.
4 If tenders are Sr. No. 1(Single Call) published multiple Sr. No. 2 (2nd Call) time, give reasons Single bid received, therefore re-invited. recorded in file for the same each time for every work.
5 Give the name of 1. M/s RKC Infrabuilt Private Limited. agencies taking 2. M/s RKC Infrabuilt Private Limited. tender in each call for every work.
6 All work order. Issued by the department. 7 Clearance As per under section 8(1)(d), the information certificate from cannot be provided.
Page 3 of 6 CRZ/CZM committee and/or National CRZ/CZM committee and/or Ministry of Environment for this project. 8 Give all BCR IV or Issued by the department. statement of Accounts of each work that shows the receiving of funds and all expenditures with date. 9 Give all R.A bill As per the Right to Information Act, 2005, the including Escalation said information cannot be provided. and Extra item bills. 10 Give all As per the Right to Information Act, 2005, the Measurement said information cannot be provided. Book. E Inspection of --- Records. (i) Does the request pertain to the inspectio n of record? (Yes/No) (ii) If yes, the --- number of days the applicant may take in inspecting the relevant record Page 4 of 6 two day" Decision:
5. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observed that the issues raised in this appeal are identical to those in the complaint file No. CIC/DNHDU/C/2023/655487 disposed of by the Commission on 28.03.2024. The Respondent further submitted that the PIO had already provided point- wise information to the Appellant vide letter dated 30.03.2024. Perusal of the above reveals that reply given by the Respondent on point Nos. 1 and 10 of the RTI application is incomplete and evasive. The specific information sought on point No. 1 of the RTI application was not provided. Further, the response to Point No. 10 wherein the Appellant sought copies of all Measurement Books, the information was denied citing the RTI Act without clearly stating which specific exemption clause was being invoked and how it applied. Therefore, it is not tenable.
6. In view of the above, the Respondent is directed to revisit the RTI application and provide revised information on point No. 1 and point No. 10 of the RTI application to the Appellant free of cost, within four weeks from the date of receipt of this order.
7. The FAA to ensure compliance of this order.
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 Page 5 of 6 Copy To:
The FAA, The Superintending Engineer, Public Works Department, Moti Daman - 396220 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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