Central Information Commission
Kartik Gosar vs National Highways Authority Of India ... on 27 August, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NHAIN/A/2023/627676
Shri Kartik Gosar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Highways Authority of India (NHAI)
Date of Hearing : 22.08.2024
Date of Decision : 22.08.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 02.01.2023
PIO replied on : 25.01.2023
First Appeal filed on : 31.01.2023
First Appellate Order on : 16.02.2023
2 Appeal/complaint received on
nd : 06.06.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 02.01.2023 seeking information on following points:-
"The NHAI has installed Roller or Rolling Crash Barrier on Solapur Bijapur Highway NH-13 (New NH-52) Provide the following Information regarding Roller or Rolling Crash Barrier as it is a concern of public lives who travel on Roads and Highways.
1.Company Name who installed Roller Crash Barriers
2.Quality and Crash Test Certificates held by the company like MASH TL4 approved by federal Highway or CE1319 by European Standards.
3.Also Experience about how many meters of Roller Crash Barrier the company has installed across the warld
4. How many accident fatalities the company has prevented by installing Roller Crash Barriers in the past.
5. Contract or Tender copy for installation of Roller or Rolling Crash Barriers.
6.Test Parameters set by NHAI for installation of Roller or Rolling Crash Barriers."
Page 1 The CPIO vide letter dated 25.01.2023 replied as under:-
"It is to inform that, the Crash Barriers has been installed by Concessionaire, M/s. Vijayapura Tollway Pvt. Ltd. (M/s. VTPL). For the information requested by you, this office has forwarded it to the Concessionaire for further action. Accordingly, the said information 15 received from Concessionaire and copy of same is - annexed."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 31.01.2023. The FAA vide order dated 16.02.2023 stated 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, Solapur) 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) Even though the information was provided, applicant wanted specific detailed technical information which were not there in initial RTI application. The Appellant is requested to visit PIU-
Solapur Office within 7 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-Solapur 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-Solapur is directed to provide free access to all the records available at PIU-Solapur and provide copies of documents as desired by the appellant in conformity with RTI Act 2005."
The PIO, Project Implementation Unit, NHAI vide letter dated 10.04.2023 furnished a point wise reply to the Appellant, which is as under:-
Point No. 1 to 6: Copy enclosed as provided by Concessionaire of project Point No. 1:-Supplied & Installed through M/s Rapid Safety Solutions, Delhi. Point No. 2:-Road Side rolling barrier restraint system successfully tested for a TL4 level according to MASH 2009. Test reports enclosed under Annexure- A. Point No. 3:-This is the first time the company has installed the roller safety barrier and only for a stretch of 100 m as a trial patch (As a pilot project initiated by NHAI in Maharashtra state).
Point No. 4:-As of now such data is not available. But this ingeniously engineered system will prevent fatal injuries. Similar works are also taken at various places in India like:
1. Nahan to Kumarhatti section of NH 907A in Himachal Pradesh, Page 2 ii. Vilambur village of Mahaballipuram to Pondicherry section of SH-49 (ECR) under under TNRDC.
Point No. 5:-As this is a BOT contract wherein the Concessionaire finance for the development of the whole project, information such as work order/purchase order etc, can not be shared.
Point No. 6:-This is implemented as pilot project from NHAI. As of now no separate parameters are set by NHAI for the testing of roller safety barrier. Roller safety barriers are internationally tested for the parameters of W-Beam crash barrier since the functionality is the same. Refer to Annexure-B for the guidelines on Metal Crash Barrier (Semi Rigid) to be installed on National Highways by Ministry of Road Transport & Highways."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 09.08.2024 has been received from the CPIO and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Present along with Rajendra Pandey, Advocate- through video- conferencing.
Respondent: Mr. Mahesh, Site Engineer- participated in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished to him till date. He further stated that the relevant records as sought in the instant RTI Application was not shown by the PIO at the time of inspection.
The Respondent stated that the relevant information from their official record has been duly provided to the Appellant. He further stated that the inspection of records was offered to the Appellant. He again offered inspection of records to the Appellant.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission based on the averment made by the parties during hearing, directs the PIO to provide another opportunity to the Appellant or his authorised representative, to inspect available and relevant records as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing.
Page 3 In case, relevant information pertains to some other Branch/Department, then the concerned PIO should procure and provide relevant documents for the said inspection. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012. However, no information shall be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then same must be redacted or blacked out as per section 10 of the RTI Act prior to the said inspection.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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