Central Information Commission
Ashok Bapu Patil vs National Highways Authority Of India ... on 14 June, 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/2023/114397
Shri Ashok Bapu Patil ... अपीलकताग/Appellant
VERSUS/बनाम
CPIO, National Highways Authority of India ...प्रनतवािीगण /Respondent
(NHAI), Kolhapur
Date of Hearing : 12.06.2024
Date of Decision : 12.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 30.05.2022
PIO replied on : 04.10.2022
First Appeal filed on : 18.10.2022
First Appellate Order on : 17.11.2022
2 Appeal/complaint received on
nd : 28.03.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 30.05.2022 seeking information on following points:-
"THE Sarpanch named Madhukar Keshav Patil under the yelane Gram Panchayat. Tal. Shahuwadi. Dost. Kolhapur has been crime registered under IPE Section No. 34,324, 354 $504 in shahuwadi police station UNDER FIR NO. 55/2012. EVEM though being registered under the criminal Case Madhukar Keshav Patil is again appointed by Government as Sarpanch, due to which he forcefully encroached land some parde Mo. 3, Area 13 Gunta which belonged to a person who expired. Further they also constructed Buildings illegally and the same has been recorded in the gram Panchayat register, under his influence. Further, the Government Land illegal encroachment on Ratnagiri to Kolhapur National highway No. 166 near chamwad phata, has been trespassed and replaced with an unauthorized stone, Sand quarry depot.
As per letters dated 01/10/2021, 29/12/2021, 04/01/2022, 1/2/2022 19/04/2022, 29/10/2015, 10/08/2018, 3/10/2018 and 20/07/2019 provide us the Implementation report of actions taken against these filled letters for further writ petition in Bombay High court."
The Dy. General Manager, NHAI Kolhapur vide letter dated 04.10.2022 replied as under:-
"Your Application under the Right of Information Act 2005, dated 25.07.2022 to Junior Engineer, Subdivision of National Highways No. 2, Kolhapur letter No. 291/2022, Dated 26/08/2022 through Date.Page 1 of 2
06.09.2022, is received and your required information, is not available in this office."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.10.2022. The FAA vide order dated 17.11.2022 stated as under:-
"The Appellant is requested to visit PIU-Kolhapur Office within 15 days from the issue of this Order on any working days during working hour ie. 10.00 Am to 6.00 PM with prior intimation to PIU-Kolhapur 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-Kolhapur is directed to provide free access to all the records available at PIU- Kolhapur and provide copies of documents as desired by the appellant in conformity with RTI Act 2005."
Aggrieved and dissatisfied with the non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal. Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Govind Prasad Bairua, Dy Manager The Appellant stated that no information regarding the action taken on his representations mentioned in the RTI application was provided till date Shri Govind Prasad Bairua stated that the letters mentioned in the RTI application were not addressed to NHAI. Accordingly, vide letter dated 04.10.2022 it was conveyed to the Appellant that the required information, is not available in this office.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent as only such information that is held and available in the records of the public authority can be provided as per the Act. Hence, no further intervention of the Commission is required in the instant matter.
With the above observation, the instant Second Appeal stands 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 2 of 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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