Central Information Commission
Perikilathu Joseph vs National Highways Authority Of India ... on 9 January, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
lके 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/2023/655592
Shri Perikilathu Joseph ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Highways Authority of India (NHAI)
Date of Hearing : 07.01.2025
Date of Decision : 07.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 27.07.2023
PIO replied on : 01.09.2023
First Appeal filed on : 17.10.2023
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 19.12.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 27.07.2023 seeking information on following points:-
(3) "Please provide copies of the following information from the CONTRACT for collection of toll at Paliyekkara Toll Plaza located on Kochi - Salem Highway (NH 544) entered between the Govt.
of India / NHAI and the toll collection contractor as "certified copy" / "issued under RTI Act 2005" by the SPIO as per Section 2 (j) (ii) of RTI Act 2005 as scanned PDF to my above email:
(a) The contract period (starting & end) for Collection of toll at Paliyekkara toll plaza by each contractors with their name & full address since its beginning of the NH 544 until 30 June 2023.
(b) The following information from the approved contract of each contractors:
(i) Criteria for collection of the toll at Paliyekkara on NH 544.
(ii) Rate of the toll during the above contract periods as per 3(a) above.
(iii) Authorized amount limit to collect toll as per their contracts with contractors details.
(iv) The total amount of the toll collected by each contractors as per paragraph 3(b.ii) and 3(b.iii) during their contract periods.
(c) The authorized period by the Govt. of India / MoRT&H / NHAI for collection of toll on NH 544.
Page 1 The Project Director & CPIO, National Highways Authority of India (NHAI), Kerala vide letter dated 01.09.2023 replied as under:-
Point No. (3)(a), (b) & (i):-Concession Agreement signed between NHAI Ε Concessionaire M/s. Guruvayoor Infrastructure Pvt. Ltd. on 27.03.2006 for "Design, Construction, Development, Finance, Operation & Maintenance of 4-laning of Thrissur Angamaly and Improvements, Operation & Maintenance of Angamaly Edapally section of NH47 (New No.544) on BOT(Toll) basis.
Apart from construction cost along with interest, the Concessionaire has to operate and maintain the project highway at their cost till the end date of concession period including user fee collection.
The start date of user fee collection at Paliyekkara Toll Plaza is 09.02.2012. As per concession agreement / supplementary agreement, the end date of concession period is 21.06.2028. The site address of the Concessionaire is given below:- M/s. Guruvayoor Infrastructure Pvt. Ltd. Administrative Building, Paliyekkara Toll Plaza Paliyekkara, Thrissur, Kerala Criteria for toll collection is mentioned in the concession agreement. For providing copy of concession agreement dated 27.03.2006 and supplementary agreement dated 23.11.2009, please remit Rs.924/ by way of DD in favour of "NHAI FARO" payable at Thiruvananthapuram.
Point No. (ii):-User fee at Paliyekkara Toll Plaza is being revised every year effective from 1st September to 31 August. Please remit Rs.38/- by way of postal order in favour of "NHAI, Palakkad" for providing copy of applicable user fee rate orders from start date to 31.08.2024.
Point No. (iii), (iv) & (c):-Since it is a BOT project, the expenditure being met from the equity of Concessionaire and a group of consortium of bank (Lenders). The BOT Concessionaire is entitled to collect user fee for the specific concession period mentioned in the agreement. Apart from construction cost along with interest, the Concessionaire has to operate and maintain the project highway at their cost till the end date of concession period.
As reported, Rs.1224.45 Crores collected by the Concessionaire M/s.GIPL towards user fee up to 30.06.2023.
As per concession agreement / supplementary agreement, the end date of concession period is 21.06.2028."
Page 2 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.10.2023.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 01.01.2025 has been received from the CPIO and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Ancil Hassan, Project Director- participated in the hearing.
The Appellant sated that the relevant information has not been furnished to him till date. He stated that the PIO has denied information by asking a higher price than the price prescribed in the RTI Act 2005 and RTI Rule 2012. He averred that the CPIO has demanded Rs. 962 (924 + 38) for the copies of the documents sought.
The Respondent stated reiterated the averments made in their written submission and stated that the Appellant has been asked to make payment as per Rules since the Appellant had sought copies of certified documents.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. As regards the copies of the certified documents the Appellant is at liberty to make the payment as per the PIO letter dated 01.09.2023 and the PIO shall furnish the document upon receipt of the payment from the Appellant. No further action lies.
Page 3 The appeal is 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 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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