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Central Information Commission

Prabhu R vs National Highways Authority Of India ... on 6 April, 2026

                             के ीय सू चना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई िद ी, New Delhi - 110067


 File No: CIC/NHAIN/A/2025/607399

 Prabhu R                                                      .....अपीलकता/Appellant

                                              VERSUS
                                               बनाम

 CPIO
 National Highways Authority of
 India, PIU:- Madurai, Door
 No, 733, Gomathipuram 6th
 Main Road, Madurai-625020                                .... ितवादीगण /Respondent

 Date of Hearing                     :   02.04.2026
 Date of Decision                    :   06.04.2026

INFORMATION COMMISSIONER :               Jaya Varma Sinha

Relevant facts emerging from appeal:

 RTI application filed on            :   12.12.2024
 CPIO replied on                     :   09.01.2025
 First appeal filed on               :   12.01.2025
 First Appellate Authority's order   :   04.02.2025
 2nd Appeal dated                    :   11.02.2025


Information sought

:

1. The Appellant filed an RTI application dated 12.12.2024(online) seeking the following information:

"Required List of informations listed below are regarding the National Highways Land bearing TSLR (Chitta copy attached in this file) of Tirumangalam Town Survey Ward A Block 6 Survey Number: 17/15B1 at (CH No:KM23+ CIC/NHAIN/A/2025/607399 Page 1 of 5 650LHS) the intersection of National Highway NH44 and Tamilnadu State Highway SH73A (Tirumangalam To Usilambatti) road, which is under control of NHAI, PIU-Madurai.

1. Please inform whether the lamp posts and cameras installed on the said land have been installed by NHAI. (Attached photos with GPS codes in this file)

2. If yes for 1st information needed, then provide complete records for last 7th and 8th day of December 2024, from the recordings recorded by that camera as information. I will ready to pay the extra cost as per RTI act for the copies.

3. If No for 1st information needed, please inform that the above mentioned NH land's lamp posts and cameras are considered as "encroachment by a third person".

4. Please inform, If the above mentioned NH land's lamp posts and cameras are encroachment, please inform who is responsible for taking necessary actions.

5. If the above mentioned NH land's lamp posts and cameras are encroachment, please inform the details of the actions taken against the encrochers by the NHAI authorities, if any please provide that copies (Notice & Photos) of taken actions as documents.

6. Please inform that the Adjacent land which is along with above mentioned NH land runs a road side liquor bar in the name of Joy Recreation Club is get any access permissions from our NHAI authorities to use and access our above mentioned NH land. If any permissions allowed by NHAI authorities, please provide copies of the documents as information.

7. Please give the distance from our service road edge along with the above mentioned NH land to Joy Recreation Club parking and also the distance between the NH service road edge to the Joy Recreation Club entrance gate along with the above mentioned NH land."

2. The CPIO furnished a reply to the Appellant on 09.01.2025 stating as under:

"It is to inform that as per section 2(f) of RTI - Act 2005, "information" means any material in any form, including records, documents, e--mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data - material held in any electronic form and - information relating to private body which can be accessed by a public authority under any other law for the time being in force; - The definition cannot include within its sold answer to the question "what", "why", "when", "whether" etc., which shall not be considered - as Information as per various Court Orders /Guidelines / Office Memorandum on the matter.

Please refer to Cl. 10 of the Office Memorandum No. 1/32/2013-IR of dt.28.11.2013 issued by Ministry Personnel, Public Grievance & Pensions, Department of Personnel & Training, Government of India, regarding the "Guide on the Right to Information Act, 2005 updated version", which is reproduced as below;

"10. A citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control. This right includes inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority. It is important to note that only such information can be supplied under the Act that is available and existing and is held by the public authority or is held under the control of the public authority. The Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The Public Information Officer is also not required to furnish information which require drawing of inference and / or making of assumptions; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions."

It is to inform that as per Section 2 (f) and 2 (j) of the RTI Act, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided."

3. Being dissatisfied, the Appellant filed a First Appeal dated 12.01.2025. The FAA vide its order dated 04.02.2025, held as under:

"With reference to RTI Appeal No. 00029 dated 12.01.2025, it is to inform that, the information sought by the petitioner regarding the lamp post and camera installed in the said location mentioned by the applicant in Madurai Kanyakumari section of NH-44 was already provided vide ref Lr. No. 51 dated 09.01.2025.

It is to inform that as per Section 2 (f) and 2 (j) of the RTI Act, only such information is available and existing and held by the public authority or is under control of the public authority can be provided". In such instant, the information sought by the applicant is of assumption/question basis and also distance request by the applicant is beyond NHAI ROW. As such the same could not be provided.

As such, the appeal is disposed off".

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Absent.

Respondent: Shri Sumit Devra, CPIO-cum-Project Director, attended the hearing through VC.

5. The Appellant did not participate in the hearing.

6. The Respondent submitted that the Appellant in the instant RTI Application seeking clarifications/interpretations from the CPIO and the same is beyond the ambit of information as defined under Section 2 (f) of the RTI Act. However, upon receipt of the hearing from the Commission, a revised and pointwise reply has been given vide letter dated 24.03.2026, but a copy of the same has not been sent to the Appellant.

7. A written submission has been received from Shri Sumit Dewra, PIO-cum-

P.D., vide letter dated 24.03.2026, stating as under:

"1. Not installed by NHAI

2. Not applicable

3.-5. Concessionaire informed that the Lamp post & Camera has been removed by their Incidental Management Team on 20.12.2024 (Photos enclosed)

6. No

7. As per site, the length from the Service road BT edge to ROW at Chainage 23+700 of NH-44 are as follows;

North side 15m Centre 19.4 m South side 30m"

Decision:

8. The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that a suitable reply in terms of the provisions of the RTI Act has been given by the CPIO vide letter dated 09.01.2025. Upon receipt of the hearing notice from the Commission, a revised and updated reply has been given by the Respondent vide letter dated 24.03.2026, but a copy of the same has not been shared with the Appellant.

9. Accordingly, Ms. Sunaina Verma, CPIO-cum-Assistant Director, is directed to send a copy of revised reply dated 24.03.2026, to the Appellant, along with all the enclosures, within one week from the date of receipt of this order.

The appeal is disposed of accordingly.

Jaya Varma Sinha (जया वमा िस ा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Ashutosh Vasistha) Dy. Registrar 011- 26107042 Copy To:

The FAA, National Highways Authority of India, Regional Office, Vijay Krishna Palza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai-625107 CIC/NHAIN/A/2025/607399 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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