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केन्द्रीयसचूनाआयोग Central Information Commission बाबागगंनाथमागग,मनुनरका Baba Gangnath Marg, Munirka नईदिल्ली, New Delhi - 110067 निकायत संख्या / Complaint No. CIC/NHAIN/C/2023/619341
Shri Dharmachandra Agrahari निकायतकताग /Complainant VERSUS/बनाम
CPIO, National Highways Authority of India
(NHAI)
…प्रनतवािीगण /Respondent Date of Hearing : 12.06.2024 Date of Decision : 12.06.2024
Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from complaint:
RTI application filed on : 05.01.2023 PIO replied on : 27.01.2023 First Appeal filed on : 03.02.2023 First Appellate Order on : 14.02.2023 2ndAppeal/complaint received on : 17.04.2023
Information sought and background of the case:
The Complainant filed an RTI application dated 05.01.2023 seeking information on following points:-
Please provide the copy of the following letters related to the compensation amount of the submersible situated in my house structure number KAIL/L/176 acquisited in upgradation of NH7 in Village Kailahat Post Pachewara District MIRZAPUR
1.Letter number 11015/1/NH-07/PIU-MZP/SUGAM/2020-21/3841 dated 22.09.2020 from NHAI MIRZAPUR to SUGAM INTERNATIONAL
SANSTHAN
LUCKNOW
2. Letter number SIS/262/2020 dated 05.10.2020 from SUGAM INTERNATIONAL SANSTHAN LUCKNOW to NHAI MIRZAPUR. The CPIO, National Highways Authority of India (NHAI), Mirzapur, UP vide letter dated 27.01.2023 stated that in compliance with the order of the 1 / 4
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Hon'ble IC Ms Saroj Punhani dated 25.04.2022 information was provided to the Appellant on 25.04.2022. Therefore the Appellant was requested not to disproportionately divert the resources of the public authority by filing repeated RTI applications on the same matter.
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 03.02.2023. The FAA vide order dated 14.02.2023 directed the CPIO to provide complete information to the Appellant within 10 days or transfer the application to the concerned CPIO if the information sought does not pertain to him.
In compliance with the order of the FAA, CPIO, National Highways Authority of India (NHAI), Mirzapur, UP vide letter dated 22.02.2023 stated that the information sought was already provided to the Appellant vide letter no 990 a copy of which was again provided by the CPIO.
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
Complainant: Represented by Shri Ravi Agrahari
Respondent: Absent The Complainant's representative stated that the information sought in the RTI application was not provided by the Respondent, till date. He further stated that the earlier decision of the CIC referred to by the CPIO in his reply pertained to different facts and circumstances as the queries raised therein were different to the queries made in this matter.
None representing the Respondent was present during the hearing despite prior intimation.
Decision
Keeping in view the facts of the case and the submissions made by the Complainant, the Commission observes that the instant matter is a Complaint filed u/s 18 of the RTI Act, 2005 where the Commission is only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause and no further direction for disclosure of information can be issued.
The Complainant has primarily argued that instead of providing the information sought in the RTI application, the CPIO has provided some other information. None representing the Respondent was present during the 2 / 4
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hearing to contest the above submission. In view of the above, the Commission directs the CPIO, National Highways Authority of India (NHAI), Mirzapur, UP CPIO, National Highways Authority of India (NHAI), Mirzapur, UP to submit a show cause explanation to the Commission within 30 days from the date of receipt of this order stating whether correct information as sought in the RTI application was provided to the Complainant or not and also the reasons for his absence during the hearing.
The instant Compliant stands disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मखु्य सचूना आयकु्त) Authenticated true copy
(अभिप्रमाभित सत्याभित प्रभत)
S. K. Chitkara (एस. के. नचटकारा)
Dy. Registrar (उप-पंजीयक)
011-26186535
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Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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