Central Information Commission
K Dasthagiri Basha vs National Highways Authority Of India ... on 25 January, 2021
CIC/NHAIN/A/2018/637075
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/NHAIN/A/2018/637075
In the matter of:
K. Dasthagiri Basha ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
National Highways Authority of
India, Project Implementation Unit,
Guntur, A.P.
Relevant dates emerging from the appeal:
RTI : 18.09.2018 FA : 27.10.2018 SA : 16.12.2018
CPIO : Not on Record FAO : Not on Record Hearing : 19.01.2021
The following were present:
Appellant: Absent (despite serving the hearing notice).
Respondent: Dr. T. Srinivas, PIO and Project Director, PIU-Amaravati, NHAI
participated in the hearing through video conferencing from NIC Guntur.
Page 1 of 4
CIC/NHAIN/A/2018/637075
ORDER
Information sought:
The Appellant filed an online RTI Application dated 18.09.2018 seeking the following information:
"What is the status of the public grievance Reg. No. NHAI/PIU-NDL/BOT/Public Grievance/2018/9227 dated 29.06.2018. Please furnish the information with regard to the action taken so far for the redressal of the complaint dated 11.06.2018, which is submitted by me to your kind authorities, which is briefed below- The NHAI acquired the front portion of the house for extension of NH 67 between 513/000 KM and 545/150 KM without giving us any notice. The NHAI has not only demolished the front portion of our house in Jammalamadugu, Kadapa District but has also taken possession of our property without proper notice and without our consent and without paying any compensation despite us running from pillar to post. For lack of options and our limited resources, I even conceded to the acquistion in the larger interest and requested you for payment of compensation deposited by Government of India. Even such an acceptance met a dead end with Jammalamadugu RDO demand for a commission/bribe of Rs. 60,000 which we cannot afford to pay. When we pursued for our rightful compensation, Jammalamadugu Revenue authorities are encouraging an illegal and baseless contention. You have avoided paying the compensation deposited by GOI at all costs violating your fiduciary duty and violating well specified rules of the National Highways Act, 1 956. The vexatious corruption is evident in that your kind authority has not complied with either 3H(2) or 3H(4) of the NH Act 1956 and instead chose to frustrate disbursal of compensation for not meeting your demands."
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 27.10.2018, which has not been adjudicated by the First Appellate Authority.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 4
CIC/NHAIN/A/2018/637075 Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite serving the hearing notice.
The Respondent submitted that the instant RTI Application was received by the Nodal Officer, NHAI-Headquarters, New Delhi on 18.09.2018 and was forwarded to the PIO/Project Director, NHAI, PIU-Amaravati on 20.09.2018. He further submitted that upon perusal of the contents of the instant RTI Application, the same was transferred to the CPIO/Project Director, PIU-Nandyal on 20.09.2018. as since the same pertained to State Government of Andhra Pradesh.
A written submission has been received by the Commission from Dr. T. Srinivas, PIO and Project Director, PIU-Amaravati, NHAI vide letter dated 09.01.2021 wherein he has narrated the facts and circumstances of the instant case as well as the trajectory of the present RTI Application.
A written submission has been received by the Commission from Shri T. Suresh Kumar, DGM (Tech.) and Project Director vide letter dated 13.01.2021, wherein he has narrated the facts and circumstances of the instant case as well as trajectory of the present RTI Application.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the subject-matter of the information sought by the Appellant falls outside the purview of the Central List and as such the Commission cannot adjudicate the instant matter. The Commission further observes that the said information has already been informed to the Appellant. The Commission finds no further scope of intervention in the instant matter.Page 3 of 4
CIC/NHAIN/A/2018/637075 With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 25.01.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority, /Chief General Manager (HR/Admn.I), National Highways Authority of India, G- 5&6, Sector-10, Dwarka, New Delhi - 110075
2. The Central Public Information Officer, National Highways Authority of India, Project Implementation Unit, Dr.No.136-A, 106 & 107, 1ST Floor, Vasanta Residency Lakshmi Narasimha Colony Mangalagiri, Distt. Guntur, A.P.-522503
3. Shri K. Dasthagiri Basha Page 4 of 4