Abhijit Hanumant Jadhav vs National Highways Authority Of India ... on 1 July, 2024

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Abhijit Hanumant Jadhav vs National Highways Authority Of India ... on 1 July, 2024

Bench: Heeralal Samariya

                               केन्द्रीय सूचना आयोग
                        Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                        Baba Gangnath Marg, Munirka
                         नई निल्ली, New Delhi - 110067

द्वितीय अपील संख्या / Second Appeal No.          CIC/NHAIN/A/2023/615045

Shri Abhijit Hanumant Jadhav.                                      ... अपीलकताा /Appellant
                                     VERSUS/बनाम

CPIO, National Highways Authority of India,                   ...प्रद्वतवादीगण /Respondent
Solapur


Date of Hearing                            :   27.06.2024
Date of Decision                           :   27.06.2024
Chief Information Commissioner             :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :            31.01.2023
PIO replied on                    :            08.02.2023
First Appeal filed on             :            16.02.2023
First Appellate Order on          :            16.03.2023
2ndAppeal/complaint admitted on   :            25.03.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 31.01.2023 seeking information on following points:-

"1. Whether a vehicle owner residing withing a particular radius of toll plaza on State Highway and National Highway is exempted from paying toll tax

2. If yes, please provide further details such as the radius prescribed to avail such exemption, procedure to avail such exemption, documents required and the copy of such notification/circular or any other document providing such exemption

3. If no, please provide copy of copy of such notification/circular or any other document prohibiting such exemption."

The CPIO and CGM (Tech) and Project Director, NHAI, Solapur vide letter dated 08.02.2023 replied as under:-

"Clarification on extant rules / guidelines on reported waiver of User Fee (Toll) at Fee (Toll) plazas in case of waiting time more than 3 minutes; On the above issue, the following is clarified on extant Rules notified by the Government of India concerning User Fee (Toll) collection on National Highways:

(i) The User Fee (Toll) at a Fee (Toll) plaza is collected from users of NH section on crossing the plaza. The User fee rates at a particular plaza is based on the Page 1 of 3 applicable NH Fee Rules notified by the Government of India and the stipulations of concession agreement with respect to the particular fee plaza in case BOT (Toll) projects.

(ii) Ministry of Road Transport and Highways vide National Highways Fee (Determination of Rates and Collection) Amendment Rules 2010 dated 03.12.2010 has notified the list of vehicles exempted from payment of User Fee (Copy enclosed).

(iii) As may be seen from the above notification dated 03.12.2010 that there is no specific exemption applicable relating to either time taken or distance of queuing of vehicles at Plaza, as part of transaction. As such, it is clarified that there is no provision of exemption to User Fee in case time taken for crossing toll plaza."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.02.2023. The FAA, CGM-T, RO-Mumbai vide order dated 16.03.2023 stated as under:-

"a) The desired information is attached (MoRT&H vide National Highways Fee (Determination of Rates and Collection Amendment Rules 2010 dated 03.12.2010).

b) Further, it was advised to applicant to submit a specific query with name of District, Vehicle number, Toll Plazas location where he wants to check exemption to Project Director so that specific reply can be given."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

A written submission has been received from the CPIO and CGM (Tech) and Project Director, NHAI, Solapur vide letter dated12.06.2024 wherein the replies available on record were reiterated.

Facts emerging in Course of Hearing:

Appellant: Heard through Audio Conference Respondent: Shri Amit Pandey, Dy Manager The Appellant stated that satisfactory information was not provided to him, till date.

Shri Amit Pandey stated that information as per available records was provided to the Appellant.

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. Hence, no further intervention of the Commission is required in the instant matter.

Page 2 of 3

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 (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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