Information on Concession Period of toll plaza - CIC: FAA has provided information regarding concession period for only 14 of the 28 toll plazas under the jurisdiction of NHAI Chennai; Provide information regarding the remaining 14 toll plazas

Information sought and background of the case:

The Appellant filed an RTI application dated 29.09.2022 seeking information on following points:-

“Kindly provide the information sought below regarding Toll Roads and Toll Plazas:

1. State wise Number of toll roads in India with their location and distances currently in operation.

2. State wise Number of toll plazas in India.

3. State wise Number of toll roads in India with their location and distances currently under construction along with the funding model.

4. Number of toll plazas functioning in Tamilnadu with their concessionaire details and concession period.

5. Number of toll plazas located within 60 km distance from each other in Tamilnadu.

6. Whether all the toll plazas in Tamilnadu are equipped with emergency medical post, ambulance and other amenities.

7. Details of authority to file complain in case whether such amenities are not found in any toll plaza.

8. Details of latest revision of User Fee by Toll plazas in Tamilnadu along with the name, fare and date effective. The details of authority or rule under which such revision is made?

9. Details of toll roads in Tamilnadu which are included in National highway monetisation plan and details whether any such proposals are initiated.

The CPIO and DGM (Tech) Regional Office, NHAI Chennai vide letter dated 26.10.2022 replied as under:-

Point No. 1, 2 & 3:- Applicant may refer to following link: https://tis.nhai.gov.in.

Point No.4:- There are 28 Nos of Toll Plazas on National Highways under the jurisdiction of NHAI, RO, Chennai in Tamil Nadu. The details are enclosed as Annexure.

Regarding Concession Period, In case of BOT (Toll) Projects, the respective Concessionaire will collect the user-fee upto the end of the Concession Period as per the provisions of the respective Concession Agreements and thereafter, collection of user-fee will be carried out by NHAI.

In case of BOT (Annuity) and Public Funded Projects, user-fee collection is carried out by NHAI duly engaging Toll Collecting Agencies, normally for a period of one year and on expiry of the period, new agency will be appointed by NHAI for collection of user- fee.

Point No.5:- The list of two toll gates that are set up within 60 Km in Tamil Nadu under the jurisdiction of RO, Chennai is enclosed as Annexure. Etc.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.11.2022. The FAA and Regional Officer, NHAI, Chennai vide order dated 26.12.2022 stated as under:-

SI. No. 4. Information sought in Appeal - Information on Concession Period, the Concession Period for each toll plaza

Information provided - The details for Concession Period for each toll plaza is enclosed as Annexure

SI. No. 5. Information sought in Appeal - The list of Toll Plaza located within 60 Km in Tamil Nadu is provided. However, no valid reason for the same is provided in the Annexure-I.:- -

Information provided - In response to Item no 5, seeking valid reason for Toll Plaza located within 60 Km it is to inform that, As per rule 8 (2) of NH Fee Rules, 2008, "Any other fee plaza on the same section of national highway and in the same direction shall not be established within a distance of sixty kilometers: Provided that where the executing authority deems necessary, it may for reasons to be recorded in writing, establish or allow the concessionaire to establish another fee plaza within a distance of sixty kilometers: Provided further that a fee plaza may be established within a distance of sixty kilometers from another fee plaza if such fee plaza is for collection of fee for a permanent bridge, by-pass or tunnel".

Accordingly, some of the toll plazas are established at less than 60 Km distance with the approval of Competent Authority duly notifying them in the Gazzette of India.

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

Facts emerging in Course of Hearing:

Appellant: Heard through Audio Conference

Respondent: Shri P Muralidharan, CPIO and DGM (Technology)

The Appellant requested to decide his matter on merits. In his Second Appeal, the Appellant inter alia stated that in response to query no. 4, the first appellate authority has provided a reply with Annexure. The annexure consists only the concession period details of 14 numbers of Toll plaza. However, in the reply by the PIO dated 26.10.2022 to query no. 4, it is stated that there are 28 numbers of Toll plaza under the jurisdiction of NHAI, RO, Chennai. Hence, the Appellant has requested to provide complete information regarding the concession period of all the 28 Toll Plazas under the jurisdiction of NHAI, RO, Chennai.

Shri Muralidharan stated that information as per available record was provided to the Appellant in the CPIO/ FAA replies dated 26.10.2022 and 26.12.2022 respectively.

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission finds that in reference to point 4 of the RTI application, the FAA in its order has provided information regarding concession period for only 14 of the 28 toll plazas under the jurisdiction of NHAI Chennai RO. The Commission therefore directs Shri P Muralidharan, CPIO and DGM (Technology) to re-examine point 4 of the RTI application and provide information regarding the concession period for the remaining 14 toll plazas, if so available in their record to the Appellant within 15 days from the date of receipt of this order. No further intervention of the Commission is required in this matter.

The instant Second Appeal stands disposed off as such.

Heeralal Samariya

Chief Information Commissioner

Citation: Shri B Aravindhan v. National Highways Authority of India (NHAI), CIC/NHAIN/A/2023/616409; Date of Decision : 20.02.2024