Central Information Commission
Anita Meena vs National Highways Authority Of India ... on 26 November, 2021
CIC/NHAIN/C/2019/660827
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं ा/ Complaint No. CIC/NHAIN/C/2019/660827
In the matter of:
Anita Meena ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Project Director,
National Highways Authority of India,
Project Implementation Unit, D-148,
Behind RSEB Sub Station,
Vaishali Nagar Jaipur-302021
Relevant dates emerging from the complaint:
RTI Application filed on : 20.12.2019
CPIO replied on : 23.12.2019
First Appeal filed on : Not on Record
First Appellate Authority order : Not on Record
Complaint received on : 26.12.2019
Date of Hearing : 26.11.2021
The following were present:
Complainant: Shri Jigyasu Sharma representative of the Appellant, participated in
the hearing through video conferencing from NIC Jhalawar
Respondent: Shri Ajay Kumar Arya, Project Director/Jaipur, participated in the
hearing through video conferencing from NIC Jaipur
Page 1 of 5
CIC/NHAIN/C/2019/660827
ORDER
Information sought:
The Complainant filed online RTI Application dated 20.12.2019 seeking information on the following five points:
"I am Anita Meena W/o Arun Meena VPO -Iktasa, Tehsil -Asnawar, Jhalawar Seeking information under RTI Act 205 Kindly provide point-wise reply in the below mention points:-
1) Kindly consider the Sub point (ii) of point no 1 Plain and Rolling terrain of the Para 6.1.1 of the MoRTH Guideline dated 25/09/2003 AND Also, consider the Sub point (ii) of point no 1 Plain and Rolling terrain of the Para 4.5.1 of the MoRTH Guideline dated 24/07/2013
2) A Path with less than 3meter width i. The End of this path towards highway is closed OR most of the times locked by the fixed Gate made of hard Iron.
ii. This path is temporarily used by only 3-4 farmers whose agriculture land is back side of the font agriculture land. iii. The lock of the gate of this path is generally opened during the crop season of Rabi and Kharif.
iv. This path is just few meters long (less than 300 meters) and the 2nd End Closed after giving access to the last agriculture land of the farmer. v. This path does not provide access to general public. vi. These type of path are called PAGDANDI in the local language. vii. This path is made of Soft Agri Soil, So no vehicle (CAR, BUS etc) can pass from this path.
viii. Photo of the Front End toward NH of this path is enclosed/attached with this RTI application.
3) The distance between the intersection of the above path with NH and nearest side of the Fuel station is about 280 meters.
4) Kindly provide the answer whether is can be/ cannot be considered as the intersecting road as per the Sub point (ii) of point no 1 Plain and Rolling terrain of the Para 4.5.1of the MoRTH Guideline dated 24/07/2013.
5) Kindly provide the answer whether is can be/ cannot be considered as the intersecting road as per the Sub point (ii) of point no 1 Plain and Rolling terrain of the Para 6.1.1of the MoRTH Guideline dated 25/09/2003."
Page 2 of 5CIC/NHAIN/C/2019/660827 The CPIO vide online reply 23.12.2019, informed to the Complainant as under:
"The definition of information does not include answers of the questions therefore, the reply to the questions asked cannot be provided under RTI Act, 2005."
Being dissatisfied, the Complainant approached the Commission vide this instant Complaint.
Grounds for Complaint:
The Complainant filed a complaint u/s 18 of the RTI Act on the ground of incomplete, incorrect and misleading information provided by the Respondent.
Submissions made by Complainant and Respondent during Hearing:
The Complainant through her representative stated that she has not received the requisite information as sought in the instant RTI Application.
The Respondent submitted that since the contents of the instant RTI Application is in the nature of questionnaire, hence no information could be provided to the Appellant.
A written communication has been sent to CPIO cum General Manager (Tech)/RO, NHAI, from Shri Ajay Arya, Project Director, vide letter dated 18.11.2021 and the same has been the Commission, the contents of the same are as under:Page 3 of 5
CIC/NHAIN/C/2019/660827 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. Since the Respondent has provided adequate reply to the Complainant within the stipulated time-frame, no mala-fide can be attributed against the Respondent. Moreover, the contents of the instant RTI Application is clarificatory in nature which is beyond the purview of Section 2 (f) of the RTI Act, hence the Commission finds no further scope of intervention in the instant matter. With the above observations, the instant Complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The Complaint, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner(सूचना आयु ) दनांक / Date: 26.11.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 4 of 5 CIC/NHAIN/C/2019/660827 Addresses of the parties:
1. The First Appellate Authority (FAA) /Chief General Manager, National Highways Authority of India Project Implementation Unit, Regional Office (Rajasthan), F-120, Janpath, Shyam Nagar, Jaipur-302019
2. The Central Public Information Officer (CPIO) /Project Director, National Highways Authority of India, Project Implementation Unit, D-148, Behind RSEB Sub Station, Vaishali Nagar Jaipur-302021
3. Mrs. Anita Meena Page 5 of 5