Central Information Commission
Saloj Jose Konikkara vs National Highways Authority Of India ... on 4 April, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
Files No : (As per the Annexure)
Saloj Jose Konikkara ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Highways Authority of
India, O/o the Project Director, RTI
Cell, No. 310-A, Chandranagar Extension,
Chandranagar P.O. Palakkad, Kerala - 678007. .... ितवादीगण /Respondent
Date of Hearing : 01/04/2022
Date of Decision : 01/04/2022
INFORMATION COMMISSIONER : Saroj Punhani
Note: The above referred Appeals have been clubbed for decision as these are
based on similar RTI Applications.
Relevant facts emerging from appeal:
File No. RTI CPIO First Appeal FAA's order Second
Application replied on dated dated Appeal
dated dated
613278 07.12.2020 09.01.2021 09.02.2021 Not on 10.04.2021
record
1
613276 04.12.2020 09.01.2021 04.01.2021 17.03.2021 21.03.2021
613418 23.12.2020 27.01.2021 05.02.2021 17.03.2021 11.01.2021
613410 22.12.2020 16.03.2021 22.03.2021 24.03.2021 11.04.2021
613399 21.12.2020 27.01.2021 05.02.2021 05.04.2021 11.04.2021
613398 21.12.2020 27.01.2021 05.02.2021 17.03.2021 21.03.2021
613362 10.12.2020 09.01.2021 10.01.2021 17.03.2021 21.03.2021
613357 09.12.2020 09.01.2021 10.01.2021 17.03.2021 11.04.2021
613428 24.12.2020 27.01.2021 05.02.2021 17.03.2021 21.03.2021
613431 04.01.2021 19.02.2021 22.03.2021 24.03.2021 11.04.2021
CIC/NHAIN/A/2021/613278
Information sought:
The Appellant filed an online RTI application dated 07.12.2020 seeking the following information:
1. Who is the inspection authority of pallikkara edappally toll road.
2. When was the last inspection done.
3. What is the frequency of inspection in a year.
4. Last inspection report copy.
5. What are the rectification actions taken based on this report.
6. What action taken to re bitimizing Nellayi to perambra where road is like map of different countries due to broken condition since last one year and many other places.
7. Why road level different after repair of gutter and also same level difference at flyovers.
8. Who is monitoring pallikkara toll plaza
9. What is the actions taken to remove block at toll plaza.
10. why fast tag scanner not working properly."
The CPIO/ Project Director NHAI, PIU-Palakkad, Kerala furnished a point wise reply to the appellant on 09.01.2021.
Being dissatisfied, the appellant filed a First Appeal dated 09.02.2021. FAA's order, if any, is not available on record.
The CPIO/Project Director NHAI, Palakkad, Kerala annexed inspection report during November 2020 of the Independent Engineer on 24.03.2021 for appellant's information.
2CIC/NHAIN/A/2021/613276 Information sought:
The Appellant filed an RTI application dated 04.12.2020 seeking the following information:
1. What is the problem with free local pass at palliakkara toll plaza.
2. Why fast tag counter at palliakkara toll plaza not working properly.
3. Why chalakudy underpass work not in progress since it started.
4. What actions taken to complete this work.
5. What are the pending jobs palliakkara edappally toll highway as per contract .
6. As per contract, if toll collecting agency got project total cost is there is any clause to reduce toll amount.
7. Who is inspecting toll road is in good condition.
8. When was last inspection done.
9. What actions can NHAI take about bad condition of road in some places were total retaring required.
10.What actions taken to reduce block at toll plaza.
11.Why service road in several places not completed.
12.The road from angamaly to edappally already there before, and why they collecting toll palliakkara to edappally.
13.Up to how much time they can stop us there at toll plaza as per contract.
14.How many number of vehicles toll plaza can stop in queue to collect toll.
15.If block is coming as per contract toll plaza to be open or not.
16.Why free local pass stopped.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 04.01.2021.
The CPIO/ Project Director NHAI, PIU-Palakkad, Kerala furnished a point wise reply to the appellant on 09.01.2021.
In regard to his first appeal, FAA's order dated 17.03.2021 annexed a copy of the CPIO's reply.
3CIC/NHAIN/A/2021/613418 Information sought:
The Appellant filed an online RTI application dated 23.12.2020 seeking the following information:
1. What is free pass at paliakkara Edappally toll.
2. What is the contract for this free pass
3. Who are the concerned authorities in this contract.
4. Who ask to stop this free pass.
5. Is there is any contract violation between parties.
6. If it is fast tag this free pass cannot run.
7. Who gives permission to divide road with plastic barrel near toll plaza
8. What safety audit done before to install plastic barrel divider with rope
9. Who is responsible person any accidents due to this plastic barrel with rope divider at 4 line road.
10. In which Indian Road Congress Norms and Specifications suggest use plastic barrel and rope to divide road.
11. How many months its there at 4 line road is divided with plastic barrel and rope.
12. Which official NHAI approved to install plastic barrel and rope to divide road in 4 line Road more than one kilometers.
13. Contract copy between parties for free pass for locals. 14 . Total length of toll road.
15. Before toll gate, how many kilometers already finished from manuthy up to toll gate.
16. How many kilometers which is only maintenance contract to toll company were road construction done by NHAI(angamali to Edappally).
17. How many rupee given to toll company as a grant for total toll road construction
18. Is this grant should be back to NHAI soon or later 19 what is the difference in percentage of increase in vehicle in first year of toll collection and year 2019.
20 Block at toll plaza normally extend up to kilometers. Two wheelers cannot reach and cross the toll plaza what action NHAI took to resolve this issue.
21 what is the criteria for service road entrance from toll Road
22. Who is responsible person for this unauthorized service road entrance in many places.4
23. Who is checking drainage ditch installed, side of the toll road is there or not.
24. What is the standard level difference allowed between road and road side.
25. From side of NHAI who inspected this level difference were in many places, is dangerous especially for two wheelers.
The CPIO/ Project Director NHAI, Palakkad, Kerala furnished a point wise reply to the appellant on 27.01.2021.
Being dissatisfied, the appellant filed a First Appeal on 05.02.2021. FAA's order dated 17.03.2021 stated that the amount is as per the policy.
CIC/NHAIN/A/2021/613410 Information sought:
The Appellant filed an RTI application dated 22.12.2020 seeking the following information:
1. Who is the in charge for this toll road.
2. How many years he is there for charge in toll road.
3. Name of last four person who were in charge for this toll road.
4. How many people working at toll plaza
5. Is there is any police clearance certificate required to work at toll plaza.
6. Who is checking toll plaza workers wearing identity card with photo at their working place.
7. How many complaints already received by NHAI misbehavior by toll plaza workers during their working hours last four years.
8. Who ask workers to beat on vehicle.
9. If someone refuse to pay toll what toll plaza authority can do by law and contract.
10. Is there is any workers at toll plaza has criminal case.
11. Is somebody appointed by NHAI to monitoring toll plaza in its daily activities.
12. Who is checking daily toll collection from the side of NHAI.
13. How many criminal cases registered against NHAI due to accidents held in this toll road since toll collection started up to 2019.
14. Who is checking drainage system in toll road.5
15. Why water pouring from the flyovers to the vehicle going under the flyovers.
16. Is there is any pre monsoon road inspection held for these type of negligence by toll company.
17. Is there is any places spotted were improper drainage system whenever a small rain coming highway with full of water two wheelers cannot travel.
18. Last 2 years, at chalakudy, around 2 km, single line highway road only to travel, how much money NHAI reduce in toll amount were NHAI charging 4 line rate.
19. Telephone hotline to toll plaza facility is available or not as per contract in the toll road.
20. How many hotline telephones working at toll road.
21. Inspection authority who inspected this telephones. 22 How many official for NHAI to monitoring palliyekara Edappally toll road
23. Were is their office
24. How far this office from toll road in kilometers
25. If More than 50 kilometers this office how daily monitoring will work.
26. How many ambulance available in toll road.
27. Were is this ambulance parking.
28. How many rescue evacuation done year 2019 with this ambulance.
29. Is this ambulance available at Edappally angamaly side also.
30. How many rescue evacuation done MOT toll road angamaly to Edappally in the years 2017, 2018 and 2019.
The CPIO/ Project Director NHAI, Palakkad, Kerala furnished a point wise reply to the appellant on 16.03.2021.
Being dissatisfied, the appellant filed a First Appeal on 22.03.2021. FAA's order dated 24.03.2021 stating as follows:-
"Under the provisions of the RTI Ad, 2016, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. PIO is also not required to interpret information or furnish replies to hypothetical questions."6
CIC/NHAIN/A/2021/613399 Information sought:
The Appellant filed an online RTI application dated 21.12.2020 seeking the following information:
1. How many number of signals in this toll road.
2. What is the policy for traffic signals in toll road.
3. How many inspection done for traffic signals is working properly or not in 2019.
4. Who is inspected traffic signals 5 why timer at amballur signal not working for longtime 6 Is this all signals installed and maintained by Indian Road Congress Norms and Specifications.
7. Who checked and approved and commissioned signals as per IRC Indian Road Congress Norms.
8. How many safety audits done this toll road up to 31/12/2019 9. How many safety audits done in the year 2019
10. Is there is any blackspots found, were accidents can occur or accidents occurred in this toll road
11. which are these blackspots
12. Is there is any signboards installed there
13. Signals are as per toll road concept travel without interruption.
14. Toll road starts itself with a big interruption by toll gate with long queue and block how NHAI monitoring daily basis to reduce block at toll plaza.
15. Punch list copy for incomplete works , joint inspection done by NHAI, toll company and State of Kerala by CM Ommen chandi just before toll collection started.
16. Is this pending works completed by toll company
17. Who is monitoring this punch list in NHAI.
18. Which Punch items still pending to complete The CPIO/ Project Director NHAI, PIU-Palakkad, Kerala furnished a point wise reply to the appellant on 27.01.2021.
Being dissatisfied, the appellant filed a First Appeal on 05.02.2021. FAA's order dated 05.04.2021 annexed a copy of the CPIO's reply.
7CIC/NHAIN/A/2021/613398 Information sought:
The Appellant filed an online RTI application dated 21.12.2020 seeking the following information:
1. Is there is any physical marking to differentiate BOT manuthy angamaly toll road and angamaly edappally MOT road.
2.Total Money spend for maintains MOT contract road angamaly to edappally up to 31/12/2019 since toll started
3. Total money spend for maintenance BOT contract road mannuthy to edappally up to 31/12/2019 since toll started
4. How much money spend for grass cuthng the only main maintenance work done by BOT company on daily basis up to 31/12/2019 since toll started.
5. How much money spend MOT contract road angamaly to edappally for maintenance 01-01-2019 to 31-12-2019
6. How much money spend MOT contract road angamaly to edappally for maintenance 01-01-2018 to 31-12-2018
7. How much money spend MOT contract road angamaly to edappally for maintenance 01-01-2017 to 31-12-2017
8. How much money spend MOT contract road angamaly to edappally for maintenance 01-01-2016 to 31-12-2016.
9. How much money spend MOT contract road angamaly to edappally for maintenance 01-01-2015 to 31-12-2015 10. How much money spend BOT contract road mannuthy to angamaly for maintenance 01-01-2019 to 31-12-2019 11. How much money spend BOT contract road mannuthy to angamaly for maintenance 01-01-2018 to 31-12-2018
12.How much money spend BOT contract road mannuthy to angamaly for maintenance 01-01-2017 to 31-12-2017
13. How much money spend BOT contract road mannuthy to angamaly for maintenance 01-01-2016 to 31-12-2016
14. How much money spend BOT contract road mannuthy to angamaly for maintenance 01-01-2015 to 31-12-2015
15. During maintenance work is there is any supervision made by NHAI.
16. BOT company giving any prior notice for maintenance work.
17. How NHAI checking BOT company voucher for maintenance work.
18. Who approved vouchers for maintenance for BOT toll road mannuthy to angamaly year 01-01-2019 to 31-12-2019
19. Who is responsible for under pass road just before toll at thalore.8
20. Why service roads not properly maintained by toll company were service road available.
21. How many inspection NHAI done for service road 2019 and 2018
22. Last service road inspection report copy.
23. How many kilometers service road to be completed by BOT company as per contract both sides.
24. This service road up to BOT road angamaly only or not.
25. Which are the local bodies toll road come across (corporation, muncipality, panchayath)
26. Street light in toll road is responsible to whom as per contract.
27. How many inspection done by NHAI for street light maintenance at toll road for last 3years.
28. Last inspection report copy.
29. Why streetlight near to toll plaza (to amballur) switch of very early morning before sunlight coming.
30. Inspection for streetlights took place at night or at daytime
30. Any local bodies operates streetlights and pay electricity bill in this toll road.
31. How many kilometers in toll road without streetlights.
The CPIO/ Project Director NHAI, PIU-Palakkad, Kerala furnished a point wise reply to the appellant on 27.01.2021.
Being dissatisfied, the appellant filed a First Appeal on 05.02.2021. FAA's order dated 17.03.2021 held as under:-
"Reply already provided by the CPIO. it is also intimated that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record."
CIC/NHAIN/A/2021/613362 Information sought:
The Appellant filed an online RTI application dated 10.12.2020 seeking the following information:
1. How much is the total cost spend for paliakkara edapally toll highway 9
2. Who is the investing authority for this project.
3. Is there any public funds used in this project.
4. How much public funds used in this total cost spend.
5. Is total reach construction made by BOT contractor
6. If not how toll is distributed among company and center government
7. is there is contract clause for this distribution among both company and NHAI
8. How much money already received by NHAI for construction of Angamaly to edapally since toll started upto Dec 31st 2019 from toll company
9. Is there is any right to get some portion to Kerala State from collecting toll for state support
10. How much already given to Kerala State since toll started upto 31 Dec 2019
11. If total cost received by toll collection there is any clause to reduce toll.
12. If public funds used is there is any provision to reduce toll if they received total cost.
13 Who should take action to reduce toll based on the above provision.
14. Is there is any work pending as per contract to complete
15. list of incomplete work pending as per contract
16. what are actions taken to complete these works
17. is there is any provision to stop toll collection due to incomplete work.
18. is there is any provision to stop toll due bad condition of toll road.
19. toll road starts from paliakkara or from near mannuthy.
20. Is there is regular basis inspection took place to know how toll company maintain road.
21. who is going for this inspection
22. how many inspection done last year
23. last inspection report copy
24. what are actions taken based upon the inspection report by toll company.
The CPIO/ Project Director NHAI, PIU-Palakkad, Kerala furnished a point wise reply to the appellant on 09.01.2021.
Being dissatisfied, the appellant filed a First Appeal on 10.01.2021. FAA's order dated 17.03.2021 upheld the reply of CPIO.
10CIC/NHAIN/A/2021/613357 Information sought:
The Appellant filed an online RTI application dated 09.12.2020 seeking the following information:
1. Is there is any designated way for ambulance in paliakkara toll plaza.
2. If block is there if ambulance service coming toll should be open or not
3. Today 09 Dec 2020 why toll plaza one speed track express track line towards edapally blocking with two ambulance were they telling one emergency case is coming and it is as per law and toll contract.
4.other lines full of vehicles and all others were in trouble also to cross till and who is inspecting these type of toll companies daily things in NHAI.
5. Due to block ambulance cannot reach toll plaza everyday what is the actions taken to resolve this issue.
The CPIO/ Project Director NHAI, PIU-Palakkad, Kerala furnished a point wise reply to the appellant on 09.01.2021.
Being dissatisfied, the appellant filed a First Appeal on 10.01.2021. FAA's order dated 17.03.2021 upheld the reply of CPIO.
CIC/NHAIN/A/2021/613431 Information sought:
The Appellant filed an online RTI application dated 04.01.2021 seeking the following information:
1. What are the documents submitted for free local pass.
2. Pdf copy of government notification or order for this.
3. What are the documents submitted for renewal of free local pass.
4. How many year is the validity for free local pass.
5. What is the action taken to reimburse for paid local pass users, during complete covid 19 lockdown, were NHAI stopped free local pass since last two years.
6. What is the new agreement between toll company to providing fast tag free local pass existing customers.
7. Agreement or minutes of meeting pdf copy for this.11
8. Pdf copy of written communication with banks were they agreed to change their system to add free local pass in fast tag account.
9. When new free local pass will issue for locals who buy new vehicle, for last two years.
10.What is the documents were required for free local pass when first time NHAI started to provide free local pass card.
11. When they changed the required documents after.
12. Pdf copy for this notification.
13. How many local pass card given since it started.
14. How many pass card used year 2019 minimum one time.
15. Who allow toll company to change norms and documents required from the earlier requirements.
16.Is there is any role NHAI all these things.
17. What is status of case against one worker who did malpractice in computer system and took money from toll collection years ago.
18. If one worker can manipulate the system is there is or was a chance for toll collection company to manipulate the system.
19. Is this one of the reason to start fast tag.
20. Is this toll plaza and company coming under RTI act.
The CPIO/ Project Director NHAI, PIU-Palakkad, Kerala furnished a point wise reply to the appellant on 19.02.2021.
Being dissatisfied, the appellant filed a First Appeal on 22.03.2021. FAA's order dated 24.03.2021 stated as follows:-
"Under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions."
CIC/NHAIN/A/2021/613428 Information sought:
The Appellant filed an online RTI application dated 24.12.2020 seeking the following information:12
1. What is the national average toll rate for toll road at NHAI for one kilometer for a car.
2. What is toll charge for one kilometer at mannuthy to Edappally for a car.
3. What is the criteria for this toll fixing.
4. In this progression in increase of vehicle how much toll will collected at the end of toll period at pallikkara
5. When this toll will end.
6. Why nobody took phone NHAI number mentioned in the bill giving from toll booth.
7. Free toilet facilities should be provided as per contract in toll plaza or not
8. Who is checking complaint register at toll plaza from the side of NHAI.
9. What actions NHAI taking complants registered in complaint book.
10. Is there any guarantee to banks by NHAI or government to give loans to BOT company to construct road.
11 How much is the guaranteed loan amount by NHAI or government for this road.
12. Is there is anything will get by NHAI or government of Kerala from this toll collection.
13. Why NHAI demands minimum balance in fast tag.
14. Is there is any high rate of interest paying for this minimum balance.
15. If there is amount is there to cross the toll plaza what is the problem to NHAI to ask there is no minimum balance.
16. More than 45 minutes every day to cross toll plaza with fast tag what NHAI did for this misery photo attached.
17. What action taken to collector report about fast tag machine not working before last month.
18. What is the agreement to introduce fast tag with toll company
19. How this implementation cost distributed among NHAI and BOT pallikkara company.
20. Detailed Project Report (DPR)of mannuthi edappally toll highway pdf copy.
21. Detailed contract details PDF for mannuthi edappally toll highway.
22. Who signed this contract name of persons.
23. How is this contract awarded to this very special company. Is there is any bid.
24. How many companies participated in this bid.
25. How other companies get out from this bid.
The CPIO/ Project Director NHAI, Palakkad, Kerala furnished a point wise reply to the appellant on 27.01.2021.
13Being dissatisfied, the appellant filed a First Appeal on 05.02.2021. FAA's order dated 17.03.2021 stated as follows:-
"under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record."
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant set of Second Appeal(s).
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present. (Upon being contacted by the Registry regarding intimation for case hearing, the Appellant sought exemption from participating in the hearing and requested the Commission that his case may be decided on merits.) Respondent: J. Balachander, PD/PIU & CPIO present through audio-conference.
The CPIO submitted that a point wise reply along with relevant information in response to all the RTI Applications has already been provided to the Appellant. Further, upon receipt of the hearing notice a revised reply against each case was furnished to the Appellant vide letter dated 30.03.2022 with an opportunity of inspection of relevant records.
Decision:
The Commission upon a perusal of facts on record finds no infirmity in the replies provided by the CPIO as the same adequately suffices the enormous level of information sought by the Appellant through instant RTI Applications as per the provisions of RTI Act.
It is also pertinent to note that the queries raised by the Appellant in the instant RTI Applications are majorly in the form of seeking clarifications/deductions from the CPIO which concededly do not conform to Section 2(f) of RTI Act; to that extent the point wise replies of the CPIO is in the spirit of RTI Act.14
The Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.
His attention is also drawn towards a judgment of the Hon'ble Supreme Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors [CIVIL APPEAL NO.6454 of 2011] wherein it was held as under:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing.........A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain and furnish any `opinion' or `advice' to an applicant. The reference to `opinion' or `advice' in the definition of `information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provided advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied) However, considering the enormity of the information sought for and to allay the apprehension of the Appellant, the CPIO is directed to reiterate the offer of inspection of the relevant and available records related to the instant RTI Applications to the Appellant on a mutually decided date and time without any additional demand for inspection hours/minutes as the same is not in consonance with the provisions of RTI Rules. The intimation of the date & time of inspection will be provided to the Appellant telephonically and in writing by the CPIO. Copy of documents, as identified and desired by the Appellant shall be provided free of cost upto 50 pages and thereafter upon receipt of RTI fees as per RTI Rules, 2012 be provided by the CPIO. The CPIO is also directed to ensure that due assistance is provided to the Appellant during the inspection in accessing and identifying the records. The said direction should be complied with by the CPIO within 15 days from the date of receipt of this order and a compliance report to this effect 15 should be sent to the Commission by the CPIO incorporating the details of the records provided for the inspection and copies thereof, immediately thereafter.
The appeal (s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 16 Annexure S.no. Appeal no.
1. CIC/NHAIN/A/2021/613278
2. CIC/NHAIN/A/2021/613276
3. CIC/NHAIN/A/2021/613418
4. CIC/NHAIN/A/2021/613410
5. CIC/NHAIN/A/2021/613399
6. CIC/NHAIN/A/2021/613398
7. CIC/NHAIN/A/2021/613362
8. CIC/NHAIN/A/2021/613357
9. CIC/NHAIN/A/2021/613431
10. CIC/NHAIN/A/2021/613428 17