CIC: Disclose information on website pertaining to BOT package Indore to Kalghat Highway like scope of work, Amount allocated, Nature of Project, Time period for completion, Details of any extra work given to M/s Oriental Pathways Indore (Pvt. Ltd) etc.

Information sought and background of the case

The Appellant filed an RTI application dated 20.07.2023 seeking information on following points:-

“(1) Certified copies of schedule B, C, D, of the concession agreement and final payment detail from Indore to Khalghat Highway

(2) Certified copies of All approved changes of scope either positive or Negative under B.O.T. package from Indore to Khalghat Highway developed by Oriental Pathways Indore Pvt. Ltd.”

The CPIO vide letter dated 28.07.2023 replied as under:-

“उपरोक्त विषय एवं संबंधित आवेदन सूचना का अधिकार अधिनियम, 2005 के अंतर्गत इस कार्यालय में प्राप्त हुआ है। आगे भारतीय राष्ट्रीय राजमार्ग प्राधिकरण, परियोजना इकाई इंदौर के क्षेत्राधिकार अंतर्गत इंदौर-खलघाट सेक्शन (एनएच-3), जो कि एक BOT प्रोजेक्ट है, से संबंधित मांगी गई जानकारी सूचना का अधिकार अधिनियम, 2005 के Section 11 of THIRD PARTY INFORMATION of RTI Act 2005 since disclosure of information may invade the privacy of the individual and can endanger the life and physical safety. As you have not mentioned your intention to get the information and also not mentioned that the aforesaid information is pertains to yourself or another one. Hence, in this regard, you are requested to mention the intention/purpose to take the information in the RTI application and sought it through Government, Police, Judicial or Administrative Authorities only.

“उक्त जानकारी हेतु सहमति/असहमति संबंधित कंपनी से मांगी गई है, जो प्राप्त होने के पश्चात प्रेषित की जाएगी।”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.09.2023. The FAA vide order dated 15.01.2024 stated as under:-

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Present

Respondent: Shri Somesh Banzal, Project Director

The written submissions of the CPIO were taken on record. Further the submissions of both the parties were heard.

The Commission enquired from the CPIO that whether the information related to scope of work, amount allocated, time period for completion of work and other general information w.r.t to the work given to M/s Oriental Pathways, Indore (Pvt. Ltd) pertaining to BOT package Indore to Kalghat Highway has been put in public domain on the official website of the department. In this concern CPIO submitted that no such information has been put in public domain.

Decision:

Upon the perusal of the case records and the submissions, the CPIO is directed to revisit the RTI and provide a revised reply to the Appellant.

However, no information shall be furnished by the CPIO, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then the same must be redacted or blacked out prior to the said disclosure.

The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO.

The Commission noted that voluntary disclosure of all information that ought to be displayed in the public domain should be the rule and the members of the society seeking information by filing the RTI should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. of the RTI Act mandates every public authority to provide as much information suo-motu to the public at regular intervals through various means of communications, including the Internet, so that the public need not resort to the use of RTI Act.

In this regard the CPIO is advised to suo motu release the following information on its official website w.r.t to the work given to M/s Oriental Pathways, Indore (Pvt. Ltd) pertaining to BOT package Indore to Kalghat Highway ie.

a. Scope of work

b. Amount allocated for the completion of work

c. Nature of Project

d. Time period for the completion of project

e. Details of any extra work given to M/s Oriental Pathways Indore (Pvt. Ltd) pertaining to BOT package Indore to Kalghat Highway (if any)

f. Any other general information related to the project.

However, no information shall be furnished by the CPIO, on the official website of the department, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then the same must be redacted or blacked out prior to the said disclosure.

No further action lies. The Appeal stands disposed off.

The appeal is disposed off accordingly.

Heeralal Samariya

Chief Information Commissioner

Citation: Shri. Hemant Kumar Mudga v. National Highways Authority of India, CIC/NHAIN/A/2024/613385; Date of Decision: 19.05.2025