Information regarding NH-17B, provision of service roads, vehicular access to properties etc - CIC: Pursue the grievance before the appropriate forum; the CPIO is advised to render due assistance to the Appellant in the event she reaches for any guidance

The Appellant filed an RTI application dated 13.03.2021 seeking information regarding NH-17B Verna-MRH-No provision of service roads, permanent vehicular access/exit to properties along side particularly MES College area, including inter alia;

“Under the above reference and subject I had submitted my letter dt. 20/02.2020 along with various enclosures. It is now over one year, I have not received any relative reply, nor any information regarding the status of my letter which is self-explanatory for your perusal and reference who is appellate authority.

Kindly follow up the same and intimate to me why National Highway Act 1956 -> thereafter control of NHs 2002 # 30-> regulation or diversion of access has been violated, thereby destroying and denying me my rightful access to my property u/s. 148 Sanaoale ….”

The CPIO furnished a reply to the appellant on 14.06.2021 stating as follows:-

“…..it is seen that, you have submitted grievance and asked questions/clarifications in your RTI application which does not come under the ambit of RTI Act, 2005.

2. It is to inform that, NH-17B from Km. 0.000(Verma Junction) to Km. 13.100 (Varunapuri Junction in the State of Goa comes under the jurisdiction of PIU-Goa, NHAI, Ministry of Road Transport & Highways vide letter No. RW/NH33032/01/2017-S&R (R) dated 28.01.2021 has issued the guideline for grant of permission for access to fuel station, other properties etc. Copy of the guidelines is available on MoRTH website: https://morth.nic.in/technicalcircular. (Search->Fuel station).”

Being dissatisfied, the appellant filed a First Appeal dated 26.06.2021. FAA’s order dated 26.07.2021 held as under:

a) “The appellant is requested to submit an application as per the guidelines issued by Ministry of Road Transport & Highway vide letter No. RW/NH33032/01/2017-S&R (R) dated 28.01.2021 for grant of access permission to her private property.”

Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-

Appellant: Present through video-conference.

Respondent: C.O.P. Furtado, DGM (T) & CPIO present through video-conference.

At the instance of the Commission, the Appellant while narrating the case at length expressed her anguish over non-access to her ancestral property after construction of NH-17B in 2001 by NHAI authorities and insisted for the Commission to intervene and redress her grievance .

The CPIO reiterated the inputs provided to the Appellant in response to the grievance raised in the RTI Application. He further explained that this section of the road was initially constructed by BRO and later was taken over by the State PWD authorities and subsequently NHAI stepped in to construct the NH-17B. Thereafter, it was again handed over to the State PWD and that NHAI has only partial role to play here.

The Commission facilitated a discussion to appreciate the issue to enable addressing the grievance of the Appellant. It was gathered that multiple agencies are associated to resolve the issue raised by the Appellant to allow her to have access to her ancestral property and therefore accordingly, she was advised on the proper course of action to be taken by filing a representation on the PG portal of the concerned authorities.

Decision:

The Commission based on a perusal of the facts on record observes that the instant appeal is not maintainable under the RTI Act in as much as the Appellant has neither sought for any information as per Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act nor does the Second Appeal seek for any relief that is amenable to the mandate of the RTI Act in as much as it has been stated therein as under:

“…..I have been seeking relief under Sec. 30 of NHs Control of NHs (Land + Traffic) Act, 2002 which speaks of Regulation or diversion of access, etc. Kindly scrutinize all correspondence, reference, photos and restore our access which has been unlawfully destroyed during the construction of NH 17B in 2001.”

The Appellant is advised to pursue the grievance before the appropriate forum and the CPIO is advised to render due assistance to the Appellant in the event she reaches for any guidance in this regard.

The appeal is disposed of accordingly.

Saroj Punhani

Information Commissioner

Citation: Maria Magdalena Almeida E Vales v. National Highways Authority of India in File No: CIC/NHAIN/A/2021/156269, Date of Decision: 20/07/2022