Central Information Commission
Sasee Bhoosan Pattanayak vs National Highways Authority Of India ... on 5 July, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
Files No : CIC/NHAIN/A/2021/135337 +
CIC/NHAIN/A/2021/127514+
CIC/NHAIN/A/2021/135771+
CIC/NHAIN/A/2021/138559+
CIC/NHAIN/A/2021/139667+
Sasee Bhoosan Pattanayak ......अपीलकता /Appellant
VERSUS
बनाम
1. CPIO,
National Highway Authority of
India, PIU-Balasore, Plot No.
133, Near White House Clinic,
Bhaskarganj, Balasore-756001,
Odisha.
2. CPIO,
National Highway Authority Of
India, Project Implementation
Unit-Dhenkanal, RTI Cell, Plot
No.1768, Near Kalinga Eye
Hospital, Dakkhinkali Road,
Dhenkanal-759001, Odisha. .... ितवादीगण /Respondent (s)
Date of Hearing : 04/07/2022
Date of Decision : 04/07/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from the following appeals:
1
Second RTI CPIO's reply First Appeal FAA's order Second
Appeal no. Application dated Appeal
dated dated
135337 27.03.2021 11.06.2021 02.06.2021 Not on record 21.08.2021
127514 14.01.2021 Not on record 01.03.2021 Not on record 05.07.2021
135771 05.03.2021 11.05.2021 01.05.2021 Not on record 28.08.2021
138559 07.05.2021 12.07.2021 03.07.2021 Not on record 09.09.2021
139667 05.03.2021 23.06.2021 11.06.2021 Not on record 14.09.2021
CIC/NHAIN/A/2021/135337
Information sought:
The Appellant filed an RTI application dated 27.03.2021 seeking the following information:
1. "The Quantity of "Stone Aggregates" that has been already used/utilized in Rehabilitation & up gradation of six Japing of Bhadrak-Baleswar Section of NH 05 (New NH 16) during May-2020 to March-2021 or till date, be furnished.
2. The Quantity of "Soil/Earth/Morrum" that has been already used/utilized in Rehabilitation & up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during May-2020 to March-2021 fill date furnished.
3. The Quantity of "Sand" already used/utilized in Rehabilitation & up gradation of six laning of Bhadrak- Baleswar Section of NH 05 (New NH 16) during May-2020 to March-2021 or till date, be furnished.
4. The Quantity of " Crusher Dust/ Bajuri" already used/utilized in Rehabilitation & up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during May-2020 to March-2021 or till date, be furnished.
5. The Copies of all Transit Passes & Money Receipts paid to-wards Royalty of "Stone Aggregate? already used/ utilized in Rehabilitation & up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during May- 2020 to March-2021 or till date, be furnished.
6. The Copies of all Transit Passes & Money Receipts paid to-wards Royalty of "Soil/Earth/Morrum" already used/ utilized in Rehabilitation & up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during May- 2020 to March-2021 or till date, be furnished.
7. The Copies of all Transit Passes & Money Receipts paid to-wards Royalty of "Sand" already used/ utilized in Rehabilitation & up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during May-2020 to March-
2021 or till date, be furnished.
28. The Copies of all Transit Passes & Money Receipts paid to-wards Royalty of "Crusher Dust/ Bajuri" already used/ utilized in Rehabilitation & up gradation of six laning of BhadrAc-Baleswar Section of NH 05 (New NH 16) during May- 2020 to March-2021 or till date, be furnished.
9. The details of the sources from which the utilized quantity of Stones Aggregates that has been procured by M/s. BG Bhadrak-Balesore Highway Pvt. ltd. (Concessionaire of NH 05) & used by it in Rehabilitation & up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during the period from May -2020 to March-20.21, be furnished.
10. The details of the sources from which the utilized quantity of "Soil/Earth/Morrum" that has been already used in Rehabilitation & up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during the period from May -2020 to March-2021 by M/s. BG Bhadrak- Balasore Highway Pvt. Ltd. (Concessionaire of NH 05), be furnished.
11. The details of the sources from which the utilized quantity of "Sand" that has been already used in Rehabilitation &,up gradation of six laning of Bhadrak-Baleswar Section of NH 05 (New NH 16) during the period from May
-2020 to March-2021 by M/s. BG Bhadrak-Balesore Highway Pvt. Ltd. (Concessionaire of NH 05), be furnished.
12. The details of the sources from which the utilized quantity of "Bajuri/ Crusher Dust" that has been already used in Rehabilitation & up gradation of six laning of Bhadrak-Balasore Section of NH 65 (New NH 16) during the period from May -2020 to March-2021 by M/s. BG Bhadrak-Balasore Highway Pvt. Ltd. (Concessionaire of NH 05), be furnished."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 02.06.2021. FAA's order, if any, is not available on record.
Subsequently, the CPIO , NHAI - Bhubaneshwar forwarded the RTI Application as also the First appeal on 11.06.2021 to the PD, NHAI - Balasore (a copy marked to the Appellant) with a request to provide the information to the applicant within 07 days with due intimation to the applicant, failing which the First Appeal would be heard by FAA in due course.
CIC/NHAIN/A/2021/127514 Information sought:
The Appellant filed an RTI application dated 14.01.2021 seeking the following information:3
1. "The Quantity of different Minor Minerals such as Soil/Earth/Morrum, Sand & Stone Aggregates etc required for widening & upgrading work of Duburi -
ChandIikhol Section of NH 200 (New NH 53) from 388.376 to 428.074 Km which has been awarded to M/s. Gammon Engineers & Contractors Pvt. Ltd. JV with M/s. Gammon Infra Project Ltd., be provided.
(The information be supplied as per Performa "A" given as per RTI application or in any other form as available with concerned authority)
2. The Quantity of Soil/Earth/Morrum, Sand & Stone Aggregates etc. which have been already procured & utilized till date in widening & strengthening of Duburi -Chandikhol Section of NH 200 (New NH 53), (From 388.376 KM to 428.074 Km) which is being carried on by M/s. Gammon Engineers & Contractors Pvt. Ltd. )V with M/s. Gammon infra Project Ltd., be provided.
(The information be supplied as per Performa "B" given as per RTI application or in any other form as available with concerned authority)
2. The details of the Minor Minerals sources such as Names of the Minor Mineral Sources, Name of the Villages, Name of its Tahasil, & Plot No., Khata No. Area, Kisam along with its Quantity already quarried/procured till date, from which such minor mineral that have been already utilized in widening & upgrading of Duburi - Chandikhol Section of NH 200 (New NH 53),(From 388.376 KM to 428.074 Km) by M/s. Gammon Engineers & Contractors Pvt. Ltd. IV with M/s. Gammon Infra Project Ltd), be provided.
3. The Copies of all Valid Authentic Legal Records, Documents, Permissions obtained by M/s. Gammon Engineers & Contractors Pvt. Ltd. TV with M/s. Gammon Infra Project Ltd. from its competent authorities, upon the authority of which it has procured such Minor Minerals from those respective sources, which it has used in widening & upgrading of Duburi - Chandikhol section of NH 200 (New-NH 53), (380.376 KM to 428.074 Km), be provided."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 01.03.2021. FAA's order, if any, is not available on record.
CIC/NHAIN/A/2021/135771 Information sought:
4The Appellant filed an RTI application dated 05.03.2021 seeking the following information:
1. "The Copies of all Inspection Reports prepared/made by the Project Director, PIU, NHAI, Dhenkanal Unit, regarding authentication/legality of Soil/Earth/Morrum, Sand, Stone Aggregates which have been used by M/s.
Gammon Engineers & Contractors Pvt. ltd. JV with M/s. Gammon Infra Project Ltd. in construction work of Chandikhol-Talcher stretch of NH 53 (NH
200), be furnished.
2. The Copies of all Mining Plans, Environment Clearances Certificates, Consent to Establish & Operate Order of State Pollution Control Board of the sources from which M/s. Gammon Engineers & Contractors Pvt. Ltd. JV with M/s. Gammon Infra Project Ltd. (Contractor) has been procuring Soil/Earth/Morrum, Sand, Stone Aggregates which it has used in construction work of Chandikhol -Talcher stretch of NH 53 (NH 200), be furnished.
3. The Copies of all Transit Passes along with Money Receipts obtained by M/s. Gammon Engineers & Contractors Pvt. Ltd. JV with M/s. Gammon Infra Project Ltd. (Contractor) for procurement of Soil/Earth/Morrum, Sand, Stone Aggregates from the Lessee of other minor mineral sources, if used minor mineral have been procured from other, be furnished.
4. The Copies of all Quarry Permits, Permissions granted by the Tahasildars or any other competent authorities in favour of M/s. Gammon Engineers & Contractors Pvt. Ltd. JV with M/s. Gammon Infra Project Ltd. (Contractor) upon the authority of which it has been lifting Soil/Earth/Morrum, Sand, Stone Aggregates & using in construction work of Chandikhol -Talcher stretch of NH 53 (NH 200), be furnished. 5. The Copies of all Records, Documents made/prepared by the Project Director, PIU, NHAI, Dhenkanal Unit against M/s. Gammon Engineers & Contractors Pvt. Ltd. JV with M/s. Gammon Infra Project Ltd. (Contractor) if any illegalities found in procurement of minor minerals by it or failed to produce prior mandatory permissions for the said purposes, be furnished.
5. The Copies of all records, Documents or other materials made/prepared by the Project Director, PIU, NHAI, Dhenkanal Unit, which speaks regarding Action Taken by him against M/s." Gammon Engineers & Contractors Pvt. Ltd. JV with M/s. Gammon Infra Project Ltd. (Contractor) if it has been procuring Soil/Earth/Morrum, Sand, Stone Aggregates etc. without obtaining prior mandatory permissions form its competent authorities & using it in 5 construction work of Chandikhol -Talcher stretch of NH 53 (NH 200), be furnished."
Subsequently, the CPIO, NHAI - Bhubaneshwar forwarded the RTI Application as also the First appeal on 11.05.2021 to the PD, NHAI - Dhenkanal (a copy marked to the Appellant) with a request to provide the information to the applicant within 07 days with due intimation to the applicant, failing which the First Appeal would be heard by FAA in due course.
CIC/NHAIN/A/2021/138559 Information sought:
The Appellant filed an RTI application dated 07.05.2021 seeking the following information:
"1. The Quantity of different Minor Minerals such as Soil/Earth/Morrum, Sand & Stone Aggregates, Stone Crusher Dust etc. required for 4 lining widening & upgrading work of Duburi - Chandikhol Section of NH 200 (New NH 53) from 388.376 Km to 428.74 Km which has been awarded to M/s. Gammon Engineers & Contractors Pvt. Ltd. IV M/s. Gammon Infra Project Ltd., (Contractor), be provided. (The information he supplied as per Performa "A" given as per RTI application or in any other form as available with concerned authority)
2. The Quantity of Soil/Earth/Morrum, Sand & Stone Aggregates, Stone Crusher Dust etc. which have been already utilized till date in 4 lining widening & strengthening of Duburi - Chandikhol Section of NH 200 (New NH 53) from 388.376 Km to 428.74 Km which is being carried on by M/s. Gammon Engineers & Contractors Pvt. Ltd. )1/ M/s. Gammon Infra Project Ltd., (Contractor), be provided.
(The information be supplied as per Performa "B" given as per RTI application or in any other form as available with concerned authority)
3. The details of the Minor Minerals sources such as Names of the Minor Mineral Sources, Name of the Villages, Name of its Tahasil & Plot No., Khata No. Area, Kisam along with Its Quantity already quarried/procured till date, from which such minor minerals that have been already utilized in 4 lining widening & upgrading of Duburi - Chandikhol Section of NH 200 (New NH
53) from 388.376 Km to 428.74 Km by M/s Gammon Engineers & 6 Contractors Pvt Ltd. IV M/s. Gammon Infra Project Ltd., (Contractor), be provided.
4. The Copies of all Valid Authentic Legal Records, Documents, Permissions obtained by M/s. Gammon Engineers & Contractors Pvt. Ltd. IV M/s.
Gammon Infra Project Ltd. (Contractor) from its competent authorities, upon the authority of which it has procured such Minor Minerals from those respective sources, which it has already used in 4 lining widening & upgrading of Duburi Chandikhol Section of NH 200 (New NH 53) from 388.376 Km to 428.74 Km, be provided."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 03.07.2021. FAA's order, if any, is not available on record.
Subsequently, the CPIO , NHAI - Bhubaneshwar forwarded the RTI Application as also the First appeal on 12.07.2021 to the PD, NHAI - Dhenkanal (a copy marked to the Appellant) with a request to provide the information to the applicant within 07 days with due intimation to the applicant, failing which the First Appeal would be heard by FAA in due course.
CIC/NHAIN/A/2021/138559 Information sought:
The Appellant filed an RTI application dated 05.03.2021 seeking the following information:
1. "The Copies of such Records, Documents which show/speak the Quantity of Soil/Earth/Morrum, Sand, Stones Aggregates & other Minor Minerals already used in widening & strengthening of NH 200 (New NH 53) that runs from Kamakshyanagar By pass (Distt:- Dhenkanal) to Duburi (Dist, Jajpur), till date, be provided. Quantity of different Minor Minerals already used in widening & strengthening of NH 200 (New NH 55) that runs from Kamakshyanagar Bypass Dhenkanal) to Dublin (Distt- Jajpur) till date."7
2. The Name of the Sources (Sairats) along with Copies of all statutory /mandatory valid legal Permissions such as Environment Clearances Certificates, Mining Plans, Consent to Establish/Operate order of State Pollution Control Board & Consent of "Grama Sabha" obtained by M/s. GR Infra projects Ltd., Rajastan (Contractor) from its competent authorities in favour of those minor minerals Sources from which above quantity of Soil/Earth/Morrum, Stone Aggregates, Sand & other Minor Minerals have been procured by it that have been utilized/ used till date in Widening & Strengthening of NH 200 (New NH 53) that runs from Kamakshyanagar By pass (Dist- Dhenkanal) to Duburi (Dist-Jajpur) following to OMMC Rule-2016 & Environment Protection Act-1986, be provided.
3. The Copies of all Transit Passes or Form "II* & Money Receipts of Royalty Paid for above quantity of Soil/Earth/Morrum, Sand, Stone Aggregates & other Minor Minerals in support of authenticity of said Minor Minerals that have been procured by M/s. GR Infraprojects Ltd. (Contractor of NH 200) & used by it in widening & strengthening of NH 200(New NH 53) that runs from Kamakshyanagar By pass (Dist:- Dhen kanal) to Duburi (Dist:- Jajpur), till date, be provided."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 11.06.2021. FAA's order, if any, is not available on record.
Subsequently, the CPIO , NHAI - Bhubaneshwar forwarded the RTI Application as also the First appeal on 23.06.2021 to the PD, NHAI - Dhenkanal (a copy marked to the Appellant) with a request to provide the information to the applicant within 07 days with due intimation to the applicant, failing which the First Appeal would be heard by FAA in due course.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant set of Second Appeal (s).
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent no. 1: J P Verma, PIO present through video-conference. Respondent no. 2: A.S. Rao, GM (Tech.) & PIO present though video-conference.8
The Appellant stated that he is aggrieved by the fact that no reply/information has been received from the CPIO till date. He further harped on the inaction of the CPIOs and also of the concessionaires in having denied the availability of information sought in response to his RTI Applications.
In case no. CIC/NHAIN/A/2021/135337 -
The Respondent no. 1 reiterated the contents of his written submission dated 28.06.2022, relevant portion of which is reproduced below in verbatim-9 10
In case no. CIC/NHAIN/A/2021/127514 and CIC/NHAIN/A/2021/139667 -
The Respondent no. 2 reiterated the contents of his respective written submissions dated 27/29.06.2022, relevant portion of which is reproduced below in verbatim-
11In case no. CIC/NHAIN/A/2021/135771 -
12In case no. CIC/NHAIN/A/2021/138559- xxxxxxx 13 In case no. CIC/NHAIN/A/2021/139667- Lastly, the CPIO added that the Appellant had filed multiple RTI applications earlier also in 2018 and had sought for similar information which was duly provided to him as per the provisions of RTI Act.
In conclusion, Mr A.S. Rao, GM (Tech.) & CPIO reiterated and contested the fact that the Appellant has filed multiple RTI Applications seeking similar information just to harass the Respondent public authority and the information in whatever manner was available with them has already been provided to the Appellant.
Decision:
The instant Appeals have been heard together along with one other matter of the Appellant simultaneously and the Commission at the outset based upon a perusal of facts on records and after hearing submissions of the CPIO at length is of the view that the Appellant has filed numerous RTI Applications of such multitude nature of information sought by changing the name of concessionaire merely to pressurize the public authority into acceding to his request for similar nature of information. It appears that the Appellant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional. It is rather 14 unfortunate that even the best of intentions have to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by superior Courts through various judgments such as the Hon'ble Supreme Court's observation in Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:
"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties."(Emphasis Supplied)......."
In view of the foregoing, the Appellant is advised to make judicious use of his right to information in future.
However, in order to allay the apprehensions of the Appellant, the CPIOs/Respondents herein are directed firstly to resend /provide a copy each 15 of their respective written submissions along with enclosures, free of cost to the Appellant and also adequately liaison with the concerned concessionaires to access the information sought for in the instant RTI Applications (mentioned herein above) and provide the same as per its availability in consonance with the provisions of the RTI Act to the Appellant.
The above said information should be provided by the CPIOs'/Respondents' herein free of cost to the Appellant upto 50 pages and thereafter the CPIOs' are at liberty to charge photocopying charges as per the RTI Rules, 2012 from the Appellant. The said direction should be complied by the CPIOs' within 15 days from the date of receipt of this order under due intimation to the Commission.
While directing the above action, the Commission also notes that the contents of instant RTI Applications and the earlier Appellant's RTI Applications of the year 2018 are similar in contents which were duly responded by the CPIOs.
Lastly, this bench relied on the judgement of the CIC in case titled Amar Kumar Jha vs. India Army decided on 02.02.2018 as also quoted by the CPIO in their latest written submission wherein it was observed that:
"...Moreover, it is deemed appropriate that the Commission as well as the public authority are at liberty to take recourse to the rationale of this order in any of the future RTI Applications and/or Appeals of the Appellant where it is established that information sought is premised on the same subject matters which have been addressed earlier. The Appellant is further advised to not cause a mockery of the spirit of the RTI Act by unnecessarily flooding the public authority with RTI Applications on the same matter involving no larger public interest. It is abundantly made clear that any number of RTI Applications on the same issue will not alter the information that was held and parted with by the Respondents."
By taking note of the above said observations, the CPIO is at liberty to dispose off the RTI Applications of the Appellant of similar nature accordingly in future.
The appeal(s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 16 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 17