Central Information Commission
Mr.Thiru G Albert Emmanuel vs Ut Of Pondicherry on 19 November, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000358
Dated: 19.11.2012
Name of Appellant : Shri G. Albert Emmanuel
Name of Respondent : Public Works Department,
Puducherry.
Date of Hearing : 28.09.2012
ORDER
Shri G. Albert Emmanuel, the appellant has filed this appeal dated 2.9.2011 before the Commission against the respondent Public Works Department, Puducherry for not providing information in response to his RTI- request dated 24.6.2011. The matter came for hearing on 28.09.2012 at Puducherry. The appellant was present whereas the respondents were represented by Shri S. Manohar, Superintending Engineer, PWD & FAA and Shri R. Saisubramanian, Executive Engineer, PWD.
2. The appellant filed two RTI applications dated 24.6.2011 and 7.7.2011 in which he sought information on six queries pertaining to NH66, Puducherry. The PIO vide letter No. 1507/PW/NH/RTI/2011-12 dated 21.7.2011 informed the appellant as follows: "The NH66 Puducherry - Tindivanam Road was declared as National Highway during 1998. On declaration of NH, the entire stretch of the road was the property of Government of India. This administration was Incharge only for improvement and maintenance of NH66 on behalf of the MORTH, New Delhi in respect of Puducherry region. However, as requested by the NHAI this 2 Case No. CIC/SS/A/2012/000358 administration was maintaining the drain and the centre median in Puducherry region only. The information sought for is voluminous and requires deployment of disproportionate manpower. Moreover, the petitioner's right extends only to seek information as defined in Section 2(f) of the RTI Act. However, the appellant may call on this office on any working day and inspect the available records".
3. Aggrieved with the reply of the PIO, the appellant filed first appeal on 26.7.2011 before the FAA. The FAA vide 1759/PW/B&R/Cir-I/Estt/C11/2011 dated 4.8.2011 directed the Executive Engineer & PIO to furnish the appropriate available information immediately to the appellant.
4. During the hearing the respondent state that in compliance with the directions of the FAA the office has again informed the appellant about voluminous records nearing about 2000 pages and that it requires to cull out information from more than 20 files and requested the appellant to inspect the available records vide letter dated 2.9.2011. As such, the appellant has inspected the required records and the CPIO vide letter dated 20.12.2011 provided 29 pages of documents to the appellant. As such as much as the required information has been furnished in a time bound manner and the appellant has not at all protested in this regard. On the other hand the appellant submits that though the roads have been demolished, the PIO has to provide the length of the median and chainage of the road with their official records. However, the FAA has clarified that the end of the median cannot be taken as State boundary.
5. Having considered the submissions of both the parties, the Commission hereby directs the PIO to furnish from his available records about the length and chainage of the median that was earlier existing in Puducherry to Tindivanam Road, to the appellant, free of cost, within two weeks of receipt of this order.
(Sushma Singh) Information Commissioner 3 Case No. CIC/SS/A/2012/000358 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri G. Albert Emmanuel, 29, Kasthuri Bai Nagar, Thattanchavady, Puducherry-605013.
The Executive Engineer (NHD) & PIO, Public Works Department, National Highways Division, Puducherry The Superintending Engineer-I & FAA, Public Works Department, Building & Roads Circle-I, Puducherry.