Central Information Commission
Shashikant Pandey vs Ministry Of Road Transport & Highways on 9 July, 2025
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/MORTH/A/2024/631710
निकायत संख्या / Complaint No. CIC/NHAIN/C/2024/643823
Shri Shashikant Pandey
... अपीलकताग/Appellant
...निकायतकताग /Complainant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Road Transport & Highways
Date of Hearing : 03.07.2025
Date of Decision : 03.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Second Appeal No. CIC/MORTH/A/2024/631710
Relevant facts emerging from appeal:
RTI application filed on : 18.03.2024
PIO replied on : 28.03.2024
First Appeal filed on : 06.05.2024
First Appellate Order on : 03.06.2024
2 Appeal/complaint received on
nd : Nil
निकायत संख्या / Complaint No. CIC/NHAIN/C/2024/643823
Relevant facts emerging from complaint:
RTI application filed on : 29.07.2024
PIO replied on : 10.08.2024
First Appeal filed on : 27.08.2024
First Appellate Order on : 18.09.2024
2ndAppeal/complaint received on : Nil
(1) नितीय अपील संख्या / Second Appeal No. CIC/MORTH/A/2024/631710
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.03.2024 seeking information on following points:-
1. "Please furnish a document containing comprehensive compiled information pertaining to the Detailed Project Report (DPR) Page 1 Consultants for the past two years, categorized by region, state, and project package across India.
a. Cost of the projects, b. List of projects with corresponding cost of project awarded by NHAI, c. Change of scope submitted/saught by the concessionaire. d. The nature of the scope changes requested, reason for change and the additional costs incurred due to changes in scope e. Change of scope approved by NHAI, corresponding action taken against the DPR Consultants.
f. Quantum of action and debarment action taken against the consultants The CPIO, Ministry of Road Transport & Highways vide letter dated 28.03.2024 replied as under:-
" The information sought by you in the desired format is not available. Also it may please to be noted that under RTI Act 2005, the CPIO is not supposed to create information or to interpret information or to solve the problems raised by the applicants or to furnish reply to hypothetical questions or to furnish clarification. Only such information can be had under the act which already exists with the public authority."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.05.2024. The FAA vide order dated 03.06.2024 stated as under:-
2. "The appellant did not appear for hearing. The reply to the RTI application has been given to the appellant by the PIO-cum-PD, PIU Bhiwani vide letter no. 17814 dated 10.05.2024. PIO-cum-PD, PIU Chandigarh is directed to provide the information to the appellant within seven days.
3. Accordingly, the First Appeal is disposed off."
In compliance of order of FAA dated 03.06.2024, the PIO, NHAI, Chandigarh has furnished reply dated 09.07.2024 as under:
(1) Not available in this office (2) Copies enclosed - Annexure-I (3) Copies enclosed - Annexure-II (4) Not available with this office (5) Copies enclosed - Annexure-III Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 18.06.2025 has been received from the CPIO, NHAI, Chandigarh and same has been taken on record for perusal. The relevant extract whereof is as under:
"..In this regard, it is observed that RTI was filed by the applicant seeking information relating to various projects. In Page 2 compliance to the Order dated 03.06.2024 passed by the First Appellate Authority after hearing the appeal on 03.06.2024, this office has already sent reply to the Appellant vide this office letter no.2906 dated 09.07.2024 alongwith available supporting documents in respect of one project namely Ludhiana-Rupnagar Greenfield NH-205K from junction with NE-5 village near to Manewal (Ludhiana) to junction with NH-205 near Bheora village (Rupnagar) including spur to Kharar with Ludhiana Bypass under Bharatmala Pariyojana in the State of Punjab on Hybrid Annuity Mode: (Package-3). A copy of the same is enclosed herewith being self-contained.."
Written submission dated 27.06.2025 has been received from the CPIO, NHAI, Ambala and same has been taken on record for perusal. The relevant extract whereof is as under:
1. "..Reference IInd Appeals of the appellant (Sh. Shashikant Pandey) listed for its hearing held on 03.07.2025 at 11.45 AM and 11.50 AM before Worthy CIC, New Delhi vide its Orders No CIC/MORTH/A/2024/631710 and even No 643823 dated 09.06.2025 received in this office through postal authorities on 16.06.2025.
2. The above said appeals by the appellant is in connection with the information sought by him vide his RTI request dated
29.07.2024.
3. In this regard, it is submitted that information on Change of Scope of 4 Lane Greenfiled Highway (Jalbera-Shahabad Section, NH-152G) had been sought by the applicant vide his above cited RTI application.
4. The similar information of similar highway (Jalbera-Shahabad Section, NH-152G) had already been sought by the appellant vide his earlier RTI application placed by him vide RTI web Portal registration No NHAIN/R/E/24/03602 dated 10.07.2024. The said RTI application was received in this office on 15.07.2024 and being relates to CPIO-Cum-Project Director, NHAI PIU Bhiwani; was transferred to them u/s 6 (3) of RTI Act 2005 vide this office letter No 11028/NHAI/AMB/1614 dated 24.07.2024 under intimation to the First Appellate Authority- Cum- RO NHAI Chandigarh and the appellant (Sh. Shashikant Pandey), copy of ibid letter is enclosed for kind perusal of Worthy CIC please.
5. Accordingly, on receipt of his RTI request in question i.e. dated 29.07.2024, the appellant was informed on RTI web Portal that he may refer this office letter No 11028/NHAI/AMB/1614 dated 24.07.2024 vide which his earlier RTI request was transferred to PIU Bhiwani due the information sought vide his RTI request (dated 29.07.2024) are on similar matter of similar highway.
6. The above facts were brought to the kind notice of FAA-Cum- RO NHAI Chandigarh vide this office letter No 11028/NHAI/AMB/2269 dated 17.09.204 (copy enclosed for kind perusal of Worthy CIC) when the Appellant's First Appeal on subject matter was listed for its hearing held on 17.09.2024 Page 3
7. Further, the FAA-Cum-RO NHAI Chandigarh vide its Order No 2201-2715 dated 17.09.2024 (copy enclosed) had disposed off the First Appeal of the Appellant with the directions therein that CPIO-Cum-Project Director Bhiwani is directed to provide balance information to the appellant within seven days.
8. It is also to bring out before the kind Notice of Worthy CIC that the information sought by the appellant vide his RTI request dated 18.03.2024 and reference of which has been made in Worthy CIC Order No 631710 dated 09.06.2025 cited above under reference; are not pertaining to be provided from the office of the then CPIO-Cum-Project Director NHAI, PIU Ambala. First Appeal in this regard preferred by the appellant stands disposed off by the FAA vide its Order no 2118-902 dated 03.06.2024 with the necessary directions to concerned CPIOS- Cum-Project Directors at NHAI PIU Bhiwani and Chandigarh. Copy of ibid Order of FAA is enclosed for kind perusal of Worthy CIC.
9. It is evident from the submissions made herein above that the informations sought by the appellant vide his above RTI requests not pertain to be provided from this office please.
10. It is also submitted that the undersigned (the CPIO-Cum- Project Director, NHAI PIU Ambala) is unable to appear personally before Worthy CIC on its given date and time (03.07.2025 at 11.45 AM and 11.50 AM) due to the Administrative Reasons on his unavoidable engagements in the work of ongoing projects of this office are in crucial stage.
11. Keeping in view of the above, Sh. Vishal Kesharwani, CAPIO-Cum- Deputy Manager (Tech) of NHAI PIU Ambala is hereby authorized to appear before the majesty of Worthy CIC on its given date and time (03.07.2025 at 11.45 AM and 11.50 AM) Sh. Vishal Kesharwani, CAPIO-Cum-Deputy Manager (Tech) is in possession of his necessary identities (the Identity Card) etc..."
Written submission dated 01.07.2025 has been received from the CPIO, NHAI, Bhiwani and same has been taken on record for perusal. The relevant extract whereof is as under:
"..उपरोक्त सिनित पत्रों के संबंध में, जो दक कें रीय सूचना आयोग से दिनांक 09.06.2025 को श्री िनिकांत पांडे, ननवासी फ्लैट नं. 302, तृतीय तल, ईरोस संपूणगम, सेक्टर-2, ग्रेटर नोएडा 201306 (उत्तर प्रिेि) िारा िायर अपीलों के संििग में प्राप्त हुए हैं, नजनका संबंध उनके आरटीआई आवेिन संख्या NHAIN/R/E/24/01496 दिनांक 18.03.2024 एवं NHAIN/R/E/24/03952 दिनांक 29.07.2024 से है।
2. उपयुगक्त आरटीआई आवेिनों से संबंनधत घटनाक्रम का कालक्रमवार नववरण संलग्नक- एवं संलग्नक-B के रूप में इस पत्र के साथ प्रस्तुत दकया जा रहा है।
3. यह िी अवगत कराना है दक अधोहस्ताक्षरी (जन सूचना अनधकारी-सह-पररयोजना ननिेिक, आ.रा.रा.प्रा. पीआईयू-नमवानी) िारा श्री राके ि चौधरी, उप प्रबंधक (तक.), िा.रा.रा.प्रा. पीआईयू-निवानी को उक्त प्रकरणों में सुनवाई के नलए माननीय आयोग के समक्ष ननधागररत नतनथ एवं समय पर उपनस्थत होने हेतु अनधकृ त दकया जाता है।
Reply of the RTI was submitted to the applicant physically vide PIU-Bhiwani letter no. 17814 dated 10.05.2025 i.e. "The jurisdiction of this office, only Shahabad-Thol (Jalbehra-
Page 4 Shahabad) comes. As per the High Court, Madras order dated 09.07.2021, information related to DPR cannot be provided. Further said information may be seen in this office in any working days on prior intimation for the projects under jurisdiction of this office.".
The appellant filled First Appeal to RO-Chandigarh, and it was disposed by RO-Chandigarh vide letter no. 2118-902 dated 03- 06-2024 and it was mentioned that "The appellant did not appear for hearing. The reply to the RTI application has been given to the appellant by PIO-cum-PD, PIU-Bhiwani vide letter no. 17814 dated 10.05.224. PIO-cum-PD, PIU-Chandigarh is directed to provide the information to the appellant within seven days" (Letter copy of RO-Chandigarh is attached). Accordingly, the First Appeal Disposed off."
Now, this office has received a notice (File No. CIC/MORTH/A/2024/631710 dated 09.06.2025) of CIC to attend the hearing on 03-07-2025 at 11:45 AM at NIC DC Office Rohtak.
Related documents for the said application are attached herewith..."
(2) निकायत संख्या / Complaint No. CIC/NHAIN/C/2024/643823 Information sought and background of the case:
The Complainant filed an RTI application dated 29.07.2024 seeking information on following points:-
"Please provide the details regarding the Change of Scope awarded for the 4-lane greenfield Jalbhera Shahbad section of NH 152 in Haryana. How much Change of Scope has been awarded, and what are the reasons for it? If any Change of Scope was denied, was this decision challenged before the Dispute Resolution Board (DRB), and what was the outcome. Please provide the relevant documents, including
1. Letters from the Concessionaire seeking the Change of Scope.
2. Letters from NHAI granting or denying the Change of Scope.
3. The order of appeal to the DRB."
The CPIO, National Highways Authority of India (NHAI) vide letter dated 10.08.2024 replied as under:-
"The reply already provided vide this office letter no 1614 dated 24.07.2024 may please be referred for the desired information."
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 27.08.2024. The FAA vide order dated 18.09.2024 stated as under:-
Page 5
2. "The appellant has appeared for hearing. The RTI application received by PIO cum PD, PIU Ambala but the same was pertains to PD Bhiwani, accordingly the RTI application was transferred by PIO cum PD, PIU Ambala to PIO-cum-PD, PIU Bhiwani vide letter no. 1614 dated 24.07.2024. The reply to the RTI application has been given to the appellant by the PIO-cum-PD, PIU Bhiwani vide letter no. 18713 dated 29.07.2024. PIO-cum-PD, PIU Bhiwani is directed to provide the balance information to the appellant within seven days.
3. Accordingly, the First Appeal is disposed off."
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Written submission dated 01.07.2025 has been received from the CPIO, NHAI, Bhiwani and same has been taken on record for perusal. The relevant extract whereof is as under:
उपरोक्त सिनित पत्रों के संबंध में, जो दक कें रीय सूचना आयोग से दिनांक 09.06.2025 को श्री िनिकांत पांडे, ननवासी फ्लैट नं. 302, तृतीय तल, ईरोस संपण ू गम, सेक्टर-2, ग्रेटर नोएडा 201306 (उत्तर प्रिेि) िारा िायर अपीलों के संििग में प्राप्त हुए हैं, नजनका संबंध उनके आरटीआई आवेिन संख्या NHAIN/R/E/24/01496 दिनांक 18.03.2024 एवं NHAIN/R/E/24/03952 दिनांक 29.07.2024 से है।
2. उपयुगक्त आरटीआई आवेिनों से संबंनधत घटनाक्रम का कालक्रमवार नववरण संलग्नक- एवं संलग्नक-B के रूप में इस पत्र के साथ प्रस्तुत दकया जा रहा है।
3. यह िी अवगत कराना है दक अधोहस्ताक्षरी (जन सूचना अनधकारी-सह-पररयोजना ननिेिक, आ.रा.रा.प्रा. पीआईयू-नमवानी) िारा श्री राके ि चौधरी, उप प्रबंधक (तक.), िा.रा.रा.प्रा. पीआईयू-निवानी को उक्त प्रकरणों में सुनवाई के नलए माननीय आयोग के समक्ष ननधागररत नतनथ एवं समय पर उपनस्थत होने हेतु अनधकृ त दकया जाता है।
Reply of the RTI was submitted to the applicant physically vide PIU-Bhiwani letter no. 17814 dated 10.05.2025 i.e. "The jurisdiction of this office, only Shahabad-Thol (Jalbehra- Shahabad) comes. As per the High Court, Madras order dated 09.07.2021, information related to DPR cannot be provided. Further said information may be seen in this office in any working days on prior intimation for the projects under jurisdiction of this office.".
The appellant filled First Appeal to RO-Chandigarh, and it was disposed by RO-Chandigarh vide letter no. 2118-902 dated 03- 06-2024 and it was mentioned that "The appellant did not appear for hearing. The reply to the RTI application has been given to the appellant by PIO-cum-PD, PIU-Bhiwani vide letter no. 17814 dated 10.05.224. PIO-cum-PD, PIU-Chandigarh is directed to provide the information to the appellant within seven days" (Letter copy of RO-Chandigarh is attached). Accordingly, the First Appeal Disposed off."
Now, this office has received a notice (File No. CIC/MORTH/A/2024/631710 dated 09.06.2025) of CIC to attend the hearing on 03-07-2025 at 11:45 AM at NIC DC Office Rohtak.
Page 6 Related documents for the said application are attached herewith.
Written submission dated 27.06.2025 has been received from the CPIO, NHAI, Ambala and same has been taken on record for perusal. The relevant extract whereof is as under:
1. Reference IInd Appeals of the appellant (Sh. Shashikant Pandey) listed for its hearing held on 03.07.2025 at 11.45 AM and 11.50 AM before Worthy CIC, New Delhi vide its Orders No CIC/MORTH/A/2024/631710 and even No 643823 dated 09.06.2025 received in this office through postal authorities on 16.06.2025.
2. The above said appeals by the appellant is in connection with the information sought by him vide his RTI request dated 29.07.2024.
3. In this regard, it is submitted that information on Change of Scope of 4 Lane Greenfiled Highway (Jalbera-Shahabad Section, NH-152G) had been sought by the applicant vide his above cited RTI application.
4. The similar information of similar highway (Jalbera-Shahabad Section, NH-152G) had already been sought by the appellant vide his earlier RTI application placed by him vide RTI web Portal registration No NHAIN/R/E/24/03602 dated 10.07.2024. The said RTI application was received in this office on 15.07.2024 and being relates to CPIO-Cum-Project Director, NHAI PIU Bhiwani; was transferred to them u/s 6 (3) of RTI Act 2005 vide this office letter No 11028/NHAI/AMB/1614 dated 24.07.2024 under intimation to the First Appellate Authority-
Cum- RO NHAI Chandigarh and the appellant (Sh. Shashikant Pandey), copy of ibid letter is enclosed for kind perusal of Worthy CIC please.
5. Accordingly, on receipt of his RTI request in question i.e. dated 29.07.2024, the appellant was informed on RTI web Portal that he may refer this office letter No 11028/NHAI/AMB/1614 dated 24.07.2024 vide which his earlier RTI request was transferred to PIU Bhiwani due the information sought vide his RTI request (dated 29.07.2024) are on similar matter of similar highway.
6. The above facts were brought to the kind notice of FAA-Cum- RO NHAI Chandigarh vide this office letter No 11028/NHAI/AMB/2269 dated 17.09.204 (copy enclosed for kind perusal of Worthy CIC) when the Appellant's First Appeal on subject matter was listed for its hearing held on 17.09.2024
7. Further, the FAA-Cum-RO NHAI Chandigarh vide its Order No 2201-2715 dated 17.09.2024 (copy enclosed) had disposed off the First Appeal of the Appellant with the directions therein that CPIO-Cum-Project Director Bhiwani is directed to provide balance information to the appellant within seven days.
8. It is also to bring out before the kind Notice of Worthy CIC that the information sought by the appellant vide his RTI request dated 18.03.2024 and reference of which has been made in Worthy CIC Order No 631710 dated 09.06.2025 cited above Page 7 under reference; are not pertaining to be provided from the office of the then CPIO-Cum-Project Director NHAI, PIU Ambala. First Appeal in this regard preferred by the appellant stands disposed off by the FAA vide its Order no 2118-902 dated 03.06.2024 with the necessary directions to concerned CPIOS- Cum-Project Directors at NHAI PIU Bhiwani and Chandigarh. Copy of ibid Order of FAA is enclosed for kind perusal of Worthy CIC.
9. It is evident from the submissions made herein above that the informations sought by the appellant vide his above RTI requests not pertain to be provided from this office please.
10. It is also submitted that the undersigned (the CPIO-Cum- Project Director, NHAI PIU Ambala) is unable to appear personally before Worthy CIC on its given date and time (03.07.2025 at 11.45 AM and 11.50 AM) due to the Administrative Reasons on his unavoidable engagements in the work of ongoing projects of this office are in crucial stage.
11. Keeping in view of the above, Sh. Vishal Kesharwani, CAPIO-Cum- Deputy Manager (Tech) of NHAI PIU Ambala is hereby authorized to appear before the majesty of Worthy CIC on its given date and time (03.07.2025 at 11.45 AM and 11.50 AM) Sh. Vishal Kesharwani, CAPIO-Cum-Deputy Manager (Tech) is in possession of his necessary identities (the Identity Card) etc..."
Facts emerging in Course of Hearing:
Appellant/Complainant: Present in person Respondent: Mr. Varun Bhalla, NHAI, Ludhiana, Mr. Suryamani Kumar, Stenographer, NHAI, Ambala, Mr. Rakesh Chaudhary, Dy. Manager, NHAI, Bhiwani, Mr. Rahul Sokal, Manager (technical), NHAI, Panchkula- participated in the hearing through video-conferencing.
The RTI Applicant stated that the relevant information has not been furnished to him till date. He stated that he had sought specific information related to the preparation of a Detailed Project Report ("DPR") for the development of Economic Corridors, Inter-Corridors, Feeder Routes, and National Corridors (including the Golden Quadrilateral and the North-South and East-West Corridors), aimed at enhancing the efficiency of freight movement under the Bharatmala Pariyojna. He averred that he has sought document containing comprehensive compiled information pertaining to the Detailed Project Report (DPR) Consultants for the past two years, categorized by region, state, and project package across India but same has not been provided by the PIO.
The Respondent stated that relevant information as available in their records has been duly provided to the RTI Applicant. They offered inspection of records to the RTI Applicant.
Decision:
Since the Appellant is the same the aforementioned cases are clubbed together for final hearing and disposal.
Page 8 Commission based on the averment made by the parties during hearing, directs the PIO to provide an opportunity to the RTI Applicant 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.
Copy of documents, if desired by the RTI Applicant 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 RTI Applicant, 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. The Second Appeal No. CIC/MORTH/A/2024/631710 is disposed of, accordingly.
As regards the Complaint No. CIC/NHAIN/C/2024/643823, the Commission observes that prima facie there is no malafide intention of obstructing the information to the Appellant/Complainant, hence no action warranted under section 18 and 20 of the RTI Act. Therefore, the aforementioned Complaint is disposed off, accordingly.
Matters are disposed off 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 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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