Shri Abhilash Pillai v. National Highways Authority Of India, New Delhi .

Factual and Procedural Background

Shri Abhilash Pillai, the appellant, filed an appeal dated 28.6.2011 before the Commission against the National Highways Authority of India (NHAI), New Delhi, for not providing information requested under the Right to Information Act (RTI) on 17.1.2011. The appellant sought information regarding Contract Package No. NS/2(HR) for six laning of the Delhi Border to Samalkha section of NH-1 in Haryana. The Central Public Information Officer (CPIO) transferred the RTI request to the Regional Officer, NHAI Panchkula. The appellant filed a first appeal before the First Appellate Authority (FAA) on 17.3.2011 but did not receive any response before filing the second appeal before the Commission. During the hearing on 02.09.2011, the respondents explained that the FAA had directed the CPIO to provide the available information, which was done on 30.8.2011. The respondents also stated that bid documents for unsuccessful bidders were no longer available due to retention policies, and arbitration was ongoing between NHAI and the preferred bidder.

Legal Issues Presented

1. Whether the appellant is entitled to information regarding why M/s. Nagarjuna Construction Company Ltd. was awarded the contract at the L-1 price despite being the L-2 bidder.
2. Whether the respondent has complied with the RTI request by providing all available information.

Arguments of the Parties

Appellant's Arguments

• The appellant requested specific information on why M/s. Nagarjuna Construction Company Ltd. was awarded the contract at the L-1 rates despite being the L-2 bidder.
• The appellant contended that since arbitration proceedings were ongoing between the preferred bidder and NHAI, the requested information must be available with the respondents.

Respondents' Arguments

• The respondents submitted that the FAA had directed the CPIO to provide available information, which was furnished point-wise on 30.8.2011.
• They stated that bid documents for unsuccessful bidders are retained only up to three years from the date of contract award, except for L-2 and L-3 bids which are destroyed two years after work completion. Since the contract was awarded on 12.8.1999, no documents regarding unsuccessful bids were available.
• The contract agreement was signed with M/s. Nagarjuna Construction Company Ltd. at a contract price of Rs. 36,50,83,606, and arbitration was ongoing on specific issues between the preferred bidder and NHAI.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court noted the procedural history and the respondents' compliance with the FAA's direction to provide available information. It acknowledged the retention policy regarding bid documents and the ongoing arbitration proceedings. Given the appellant's specific query about the pricing discrepancy between the L-1 and L-2 bidders, the court directed the CPIO to search the records and provide any available information on why M/s. Nagarjuna Construction Company Ltd. was awarded the contract at the L-1 price despite being the L-2 bidder. The reasoning reflects the court’s emphasis on ensuring transparency and compliance with the RTI Act while recognizing practical limitations on document availability.

Holding and Implications

The court issued the following holding:

The CPIO is directed to search the documents and provide information, as per record, on why M/s. Nagarjuna Construction Company Ltd. was awarded the contract at the L-1 price despite being the L-2 bidder. The matter is disposed of with this direction.

The direct effect of this decision is to compel the respondent authority to provide any available information responsive to the appellant’s specific query. The opinion does not establish any new precedent beyond enforcing compliance with the RTI request within the limits of available records.