Central Information Commission
Bharat Naranji Desai vs Dedicated Freight Corridor Corp Of ... on 12 March, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/DFCCI/A/2023/143598
Bharat Naranji Desai .....अपीलकर्ता /Appellant
VERSUS
बनतम
CPIO
Dedicated Freight Corridor
Corporation of India
Chhatrapati Shivaji Terminus Area
Fort, Mumbai-400001 ....प्रतर्वतदीगण /Respondent
Date of Hearing : 07.03.2025
Date of Decision : 11.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 06.01.2023
CPIO replied on : 23.05.2023
First appeal filed on : 06.03.2023
First Appellate Authority's order : Not on Record
2nd Appeal/Complaint dated : 30.10.2023
Information sought:
The Appellant filed an RTI application dated 06.01.2023 (offline) seeking the following information:
"1. After the issue of letter by Collector, Valsad No. ACB/Water Logging/WS2360/2019 referred Area was visited by your Engineer, and the Project consultant. I was called on the site. The project consultant has orally explained about the construction of storm water drain for disposal of attachment area rain water. He also informed about the Page 1 of 4 height of the retaining wall on both side of the drain. He informed that they will be taking up work once monsoon is over. He did not show the plans. I request to issue me the plan as valid on 04/07/2019 i.e. the plan originally submitted and accepted by DFCC before commencement of the work. I am ready to pay the necessary charge, please look into the letter submitted by Alpesh B. Desai in your office on 24/12/2022.
2. I know that the information as required is from your department only.
3. I know that the information as demanded does not fall under Government Restrictions.
4. I have attached the Judicial stamp on the application. "
The CPIO furnished a reply to the Appellant on 23.05.2023 stating as under:
"1. DFCCIL has only extended the existing Western Railway culvert across DFC formation and connected to the existing water course and has not altered the existing water channel anyway. DFCCIL has worked within its Right of Way only. The desired plan/drawings can be seen at the office of the Dy Chief Project Manager/Engg/Valsad/DFCCIL at Engineer's Building, 1st Floor, WDFC Phase-II, Project Pramukh Darshan-4, Behind Shri Sai Lakshmi Bungalows, Behind D-Mart, Valsad-Aut Road-396001. For any further clarification site visit can also be planned with undersigned. May contact Shri U.K. Singh, Dy Chief Project Manager/Engineering/Valsad/DFCCIL Mob. 8511165911.
2. Noted
3. Noted
4. Noted "
Being dissatisfied, the appellant filed a First Appeal dated 06.03.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.Page 2 of 4
Respondent: Shri Shekhar Deshpande, Project Manager and Smt. Bratati Banerjee, APIO-cum-Assistant Project Manager (HR), attended the hearing through VC.
The Appellant did not participate in the hearing.
The Respondent submitted that a suitable reply based on available records has been given to the Appellant vide letter dated 23.05.2023.
A written submission has been received from APIO, vide letter dated 05.03.2025, wherein the Commission has been apprised as under:
1. "The Appellant/Complainant has not visited office of Dy Manager/Engg/Valsad/Chief project DFCCIL at Engineer's Building, 1st Floor, WDFC Phase-II, Project Pramukh Darshan-4, Behind Shri Sai Lakshmi Bungalows, Behind Dmart, Valsad-Atul Road-396001 to see those under prepared plans as requested by him. This work is being carried out under EPC contract for which drawings have to be made by contractor and work has to be carried out under the supervision of PMC (Private party engaged by DFC).
This work is in progress. The completion drawings have not yet been prepared and approved by competent Authority of DFCCIL. The Appellant/Complainant has also gone to NGT regarding this matter. On 23.01.2025, the honourable court has given final hearing stating that claim made by applicant (shri Bharat Naranji Desai) is not tenable under law and claim of the applicant before the NGT is not maintainable. Hence NGT disposed the case. The final Judgment of NGT dated 23.01.2025 is enclosed here with for ready reference.
2. The drawing asked by Appellant/Complainant is under preparation by Contractor and can be furnished after approval of drawing from competent Authority of DFCCIL.
3. Noted
4. Noted"
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the reply provided by the Respondent vide letter dated 23.05.2023 and written submission dated 05.03.2025, are contradictory. Therefore, the Commission directs the CPIO to facilitate an opportunity of inspection of the available and relevant records to the Appellant at Valsad office, on a mutually decided date & time but within four weeks. The intimation of the date and time of the inspection shall be provided Page 3 of 4 to the Appellant by the CPIO telephonically and in writing. Copy of documents that the Appellant desires during the inspection shall be provided by the CPIO free of cost upto 20 pages, for pages exceeding this limit, CPIO may charge prescribed fees as per RTI Rules, 2012.
In the process of facilitating the inspection and providing subsequent copies of the record, the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act. The above directions shall be complied with by the CPIO within four weeks from the date of receipt of this order.
The First Appellate Authority is directed to ensure the compliance of the above order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (निनोि कुमार नििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अतिप्रमततणर् सत्यततपर् प्रतर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
FAA Dedicated Freight Corridor Corporation of India Chhatrapati Shivaji Terminus Area Fort, Mumbai-400001 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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