Shri Abhilash Pillai, the appellant has filed this appeal dated 28.6.2011 before the Commission against the National Highways Authority of India (NHAI), New Delhi for not providing information to his RTI-request dated 17.1.2011. The matter came up for hearing on 02.09.2011. The appellant was represented by Shri R.S. Mahalaha, whereas the respondents were represented by Shri R.K. Singh, CGM (Tech) and Shri S.S. Gaharwar, GM (Tech).
2. The appellant filed RTI-request dated 17.1.2011 seeking information on seven queries in respect of Contract Package No. NS/2(HR) regarding six laning of Km 29.300 to Km 44.300 of Delhi Border to Samalkha section of NH-1 in the State of Haryana. The CPIO vide O.M. No. NHAI/RTI/2010/Hry/401 dated 24.2.2011 transferred the RTI- application to Regional Officer (P&H), NHAI, Panchkula.
3. Aggrieved by non-receipt of information from CPIO, the appellant preferred first- appeal before FAA 17.3.2011. The appellant has not received any response from the FAA till the time of filing second appeal before the Commission.
4. During the hearing the respondents submitted that FAA vide order No. NHAI/GM(T)/P&H/RTI/2011 dated 30.8.2011 ahs directed GM(T)-P&H, CPIO to furnish Case No. CIC/SS/A/2011/001075 the available information for the Project, Contract Package No. NS-2/HR regarding 6 laning of Km 29.300 to km 44.300 from Delhi Border to Samalkha Section of NH-1 in the State of Haryana which was awarded on 12.8.1999. The CPIO vide letter No. NHAI/RTI/2010/Hry/21365 dated 30.8.2011 provided point-wise information to the appellant. The respondent further submitted that as per NHAI Circular No. 11041/9/2002- Admn (71/2004) dated 16.2.2004, the bid documents (unsuccessful bids) are to be retained upto 3 years from the date of award of the contract except L-2 and L-3, which shall be destroyed 2 years after completion of work. The work was awarded on 12.8.1999. Hence no other information is available except that of the successful Bidder. The contract agreement was signed on 12.8.1999 between NHAI and M/s. Nagarjuna Construction Company Ltd., Hyderabad with the contract price of Rs. 36, 50, 83, 606. Arbitration is also going on the specific issue between the preferred bidder and NHAI. The appellant on the other hand submits that the specific information that he is seeking is why M/s. Nagarjuna Construction Company Ltd was awarded the contract at L-1 rates when they were L-2. As per the appellant, arbitration proceedings are going on, this information must be available with the respondent.
5. After hearing the parties, the CPIO is hereby directed to search the documents, and provide information, as per record, on the specific query of the appellant why M/s Nagarjuna Construction Company Ltd awarded the contract at price quoted by L-1, inspite of the fact the they are L-2. The matter is accordingly disposed of with above direction. (Sushma Singh) Information Commissioner 13.09.2011 Authenticated true copy: (K.K. Sharma) OSD & Deputy Registrar Case No. CIC/SS/A/2011/001075 Address of the parties: Shri Abhilash Pillai, MNK Law offices, A-265, Second Floor, Defence Colony, New Delhi-110024. The CPIO, National Highways Authority of India, G-5 & 6, Sector 10, Dwarka, New Delhi-110075. The First Appellate Authority, National Highways Authority of India, G-5 & 6, Sector 10, Dwarka, New Delhi-110075.