Central Information CommissionRavinder Tyagi vs National Highways Authority Of India ... on 15 September, 2023Author:Saroj PunhaniBench:Saroj Punhaniके   ीय सूचना आयोग\n                       Central Information Commission\n                           बाबागंगनाथमाग , मुिनरका\n                        Baba Gangnath Marg, Munirka\n                         नई द ली, New Delhi - 110067\n\n\nFile No: CIC/NHAIN/A/2022/157705\n\nRavinder Tyagi                                        ......अपीलकता/Appellant\n\n\n                                      VERSUS\n                                       बनाम\n\n\nCPIO,\nNational Highways Authority of\nIndia, CMU-Mathura, RTI Cell,\nPlot No. 8, Near Sarai Toll\nPlaza Building, Mathura Road,\nFaridabad-121003, Haryana.                     ........ तवाद गण/Respondent\n\n\nDate of Hearing                   :   05/09/2023\nDate of Decision                  :   14/09/2023\n\nINFORMATION COMMISSIONER :            Saroj Punhani\n\nRelevant facts emerging from Appeal:\n\nRTI application filed on          :   27/07/2022\nCPIO replied on                   :   31/08/2022\nFirst appeal filed on             :   03/10/2022\nFirst Appellate Authority order   :   Not on Record\n2nd Appeal/Complaint dated        :   08/12/2022\n\n\n\n                                        1\n Information sought:The Appellant filed an online RTI application dated 27.07.2022 seeking the\nfollowing information:"1. Please provide details of National Highways (NH)on which no User Feel\n      Toll is levied/collected either by the National Highways Authority of India\n      (NHAI) or its appointed toll collecting agents/concessioners Please provide\n      the date horn which User Feel Toll on these NH is not being collected. The\n      data should contain the name of NH, distance, to and from city name and\n      date from which the Toll Collection has been stopped.2. Please provide details of Public Funded National Highways on which User\n      Fee/Toll is being collected by the NHAI or its appointed collecting agents.Please provide the date from which the User Fee/Toll is being collected and\n      the amount collected till the date of providing Information. The amount\n      collected should be provided in the financial year wise.3. Please provide details of Public Funded National Highways on which User\n      Fee/ Toll is being collected as to the amount of expenditure made by NHAI in\n      constructing those NHs and the amount that remains to be collected to make\n      those NH toll free in times to come.4. Please provide details of Private Investment National Highways Protect on\n     which User Fee/Toll is being collected by the Concessioner. Please provide the\n     date from which the User Free/Toll is being collected and the amount\n     collected till the date of providing information. Amount collided should be\n     provided on financial year wise.5. Please provide details of Private investment National Highways Protect on\n      which User Fee/ Toil is being CC/fleeted as to the amount of expenditure\n      made by Concessioner in constructing those NHs and the amount that\n      remains to be collected to make those NH toll free in times to come."The CPIO furnished a pointwise reply to the appellant on 31.08.2022 stating as\nunder:"1. Nil under jurisdiction of this office.22. Badarpur toll plaza on Badarpur elevated highway section of NH-2 was\n      awarded on BOT toll basis according to which Concessionaire had to collect\n      the toll up to 22.12.2028. and since Concessionaire was terminated on\n      24.02.2018. After termination of Concessionaire toll has been taken by NHAI\n      and detail of total amount that has been collected w.e.f. 24.02.2018 to\n      31.07.2022 contains one page which can be obtained by paying fee of Rs. 2/.3. The Badarpur elevated highway section of NH-2 from Km 16.100 to Km\n      20.500 constructed on BOT basis. But due to default of Concessionaire the\n      concession agreement terminated since 24.02.2018 and taken over the\n      highway by NHAI for its maintenance and collection of user fee.4. Delhi Agra section of NH-2 from Km 20.500 to Km 200.00 in the State of\n      Haryana and UP executed on DBFOT basis. The Concessionaire is collecting\n      the user fee since appointed date i.e., 16.10.2012 and detail of amount that\n      has been collected contains total 01 page which can be obtained on payment\n      of Rs 2 (i.e., @ Rs. 21- per page).5. Delhi Agra section of NH-2 from Km 20.500 to Km 200.00 in the State of\n      Haryana and UP. The Concession Agreement contains the details of total\n      project cost and other details. The agreement contains a total of 636 pages\n      which contain be obtained on payment of Rs. 1272 (836 pages @ Rs. 2/- perpage) or can be directly downloaded on NHAI website ie., www.nhai.gov.in."Being dissatisfied, the appellant filed a First appeal on 03.10.2022. FAA's order, if\nany, is not available on record.Feeling aggrieved and dissatisfied, the appellant approached the Commission with\nthe instant Second Appeal.Relevant Facts emerging during Hearing:The following were present:-Appellant: Not present.Respondent: Represented by Jag Bhushan, DGM (T), NHAI Mathura present in\nperson.The Rep. of CPIO invited attention of the bench towards their written submission\nfiled prior to the hearing wherein he inter alia stated as under -3"....the application underRTI Act, 2005was received in this office\n      through online RTI portal from NHAI HQ on 04.08.2022. On receipt of the said\n      application, the required information relating to this PIU was sent to the\n      applicant well within time. This office is/was not in the position to supply the\n      information relating to other PIUs. Since the application was received from\n      NHAI HQ there was no point to transfer the said application to other PIUs or\n      the NHAI HQ as required inRTI Act. This office did the needful without any\n      delay.In view of the above, it is humbly requested to dismiss the appeal in the\n      interest of justice."Decision:The Commission upon a perusal of records is irked by the shoddy conduct of the\nCPIOs in having transferred the RTI Application of the Appellant back and forth\namongst their offices without providing complete material information to the\nAppellant till date. This fact is evident from the record that as per action history on\nonline RTI portal, the RTI Application received by the Nodal officer of NHAI, New\nDelhi on 27.07.2022 was forwarded to CPIO, Sunil Jindal, HQ- RSC on 28.07.2022;\nwho kept it pending with him till 29.07.2022, and thereafter transferred the same\nto B.S. Chauhan, RO (Office), NHAI Chandigarh. B.S. Chauhan forwarded the RTI\nApplication to Vijay Kumar Joshi, CPIO, NHAI Mathur on 04.08.2022 who passed\nthe final order/ reply (as mentioned above) on 01.09.2022. In addition to it, the\npresent Rep. of CPIO did not even take the pain to gather the relevant information\nfrom their concerned branches, to facilitate relevant information to the Appellant\nbefore making oral submissions with the Commission. Such casual conduct of the\nCPIOs' amounts to disregard for the proceedings of the Commission and also\ncausing unwarranted obstruction to the Appellant's right to information. However,\nno penal action is initiated against them for want of ascription of any malafide\nintent on their part.Now, considering the efflux of time and in furtherance of hearing proceedings, the\nCommission directs the CPIO, NHAI Mathura herein to take all necessary steps to\nprocure the available information as sought for in the impugned RTI Application\nfrom the concerned record holder more particularly from the NHAI, New Delhi and\nprovide the same it directly to the Appellant as per the provisions ofRTI Act. The\nsaid information should be provided free of cost to the Appellant within 15 days\nfrom the date of receipt of this order under due intimation to the Commission.4Further, a copy of this order is marked to the Nodal officer (RTI Cell), NHAI New\nDelhi to facilitate due assistance by providing the inputs/ information to the CPIO,\nNHAI Mathura for timely compliance of the above mentioned directions and to\nensure in future that such lapses do not reoccur.The appeal is disposed of accordingly.Saroj Punhani (सरोज पुनहािन)\n                                                                          हािन)\n                                         Information Commissioner (सूचना आयु )\nAuthenticated true copy\n(अिभ मािणत स!यािपत  ित)\n\n(C.A. Joseph)\nDy. Registrar\n011-26179548/[email protected]सी. ए. जोसेफ, उप-पंजीयक\n दनांक /\n\nCopy marked to take of the observations -To\nThe Nodal Officer (RTI)\nNational Highways Authority of India,\nG- 5 & 6, Sector- 10 Dwarka,\nNew Delhi.5