Central Information Commission
Kowshik Bs vs National Highways Authority Of India ... on 3 July, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के 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/2023/621449
CIC/NHAIN/C/2023/621466
Shri Kowshik BS. ... अपीलकताग/Appellant
VERSUS/बनाम
CPIO, National Highways Authority of India, ...प्रनतवािीगण /Respondent
Bengaluru
Date of Hearing : 01.07.2024
Date of Decision : 01.07.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 23.02.2023
PIO replied on : 03.04.2023
First Appeal filed on : 05.04.2023
First Appellate Order on : 24.04.2023
2 Appeal/complaint admitted on
nd : 02.05.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 23.02.2023 seeking information on following points:-
"1. Copy of the NHAI road contraction and Maintenace of minimum standards while collection as fee at the toll plaza,
2. copy of the NHAI road consumers all privileges and rights, benefits
3. copy of the NHAI road mandatory provision related to service road mentioned in circular/notification, or any by law."
The CPIO and Dy General Manager (T), NHAI, Bengaluru vide letter dated 03.04.2023 replied as under:-
"1. The contracts are executed under HAM, BOT & EPC modes by NHAI to carry out the works and the maintenance of the roads governed by the clause mentioned in the respective agreements. The copy of standard HAM, EPC & BOT contract agreements are available in the MoRT&H website at https://morth.nic.in/print/standard- document
2. The National Highways Authority of India (NHAI) provides several benefits to road users in India, particularly those who travel on national highways, which are governed by following guidelines/Acts:Page 1 of 3
The Motor Vehicles Act, 1988, copy of the same is available at website https://legislative.gov.in/sites/default/files/A1988-59.pdf The National Highways Authority of India Act, 1988, copy of the same is available at website https://www.indiacode.nic.in/handle/123456789/1803?vi ew_type=browse&sam_handle-123456789/1362 MoRT&H specification for road and bridge works, copy of the same is available at website https://skmobi.files.wordpress.com/2017/04/morth- specifications- for-road-bridge-works-5th-revision-by- sk.pdf The Right to Information Act, 2005, copy of the same is available at website https://rti.gov.in/RTI%20Act.%202005%20(Amended)- English%20Version.pdf The National Road Safety Policy, copy of the same is available at website https://morth.nic.in/national-road- safety-policy-1 Overall, these laws and regulations help hold transportation authorities accountable for maintaining safe and efficient public roads and enforcing traffic laws and regulations in India.
3. The Service Roads are provided in the project highway as per the IRC guidelines, such as IRC SP 073, 84 & 87 for 2- lanes, 4-lanes & 6-lanes respectively. The copies of the same are available at websites https://law.resource.org/pub/in/bis/irc/irc.gov.in.sp.087.2019.pdf https://law.resource.org/pub/in/bis/irc/irc.gov.in.sp.07 3.2007.pdf and https://law.resource.org/pub/in/bis/irc/irc.gov.in.sp.08 4.2019.pdf"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.04.2023. The FAA vide order dated 24.04.2023 stated as under:-
"The reply submitted by CPIO & DGM (T), NHAI RO-Bengaluru has been examined and it is observed that, the reply provided by CPIO is perfectly found in order, because applicant desired objective is not clear with particular item or issue, So the given e-references in the reply may be referred by the applicant at website without any cost."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant/ Complainant: Heard through Audio Conference Respondent: Shri Gaurav, DGM (Tech), NHAI Bangalore The Appellant/ Complainant stated that incorrect incomplete, misleading and generalised information was provided to him belatedly after completion of 30 days from the date of receipt of the RTI application. The Appellant/ Complainant therefore prayed for directing the CPIO to provide complete information and to take penal action against the erring officials.Page 2 of 3
Shri Gaurav stated that point wise information as per available record was provided to the Appellant/ Complainant who had not referred to any specific notification/ circulars that were not provided to him, till date.
Decision:
Keeping in view the facts of the case, submissions made by both the parties, the Commission is of the view that an appropriate action as per the provisions of the RTI Act, 2005 has been taken by the Respondent. Hence, no further intervention of the Commission is required at this stage in Second Appeal No CIC/NHAIN/A/2023/621449.
Regarding Complaint No CIC/NHAIN/C/2023/621466, the Commission finds that no malafide intent can be attributed to the conduct of the CPIO to initiate penal action as per Section 18 and 20 (1) of the RTI Act, 2005. Hence, no further intervention of the Commission is required in the Complaint as well.
With the above observation, the instant Second Appeal/ Complaint stands 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 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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