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Decision No. CIC/SG/A/2010/002788/10291
Appeal No. CIC/SG/A/2010/002788
Relevant Facts
emerging from the Appeal
Appellant : Mr. Montu Vaibhav Panchal
210/20, Onkar Nagar-B, Tri Nagar,
Delhi – 110035.
Respondent : Mr. K. Sambhamurthi
Public Information Officer & Superintending Engineer
Govt. of NCT of Delhi
Irrigation and Floor Control Department
Flood Circle-III, Sec-15,
Rohini, Delhi – 110089.
RTI application filed on : 26/04/2010 PIO replied : 09/06/2010 First appeal filed on : 07/06/2010 First Appellate Authority order : Not ordered Second Appeal received on : 01/10/2010 Sl. Information Sought Reply of the PIO
1. The Appellant wanted following information in regard to CC work which has been done from
Panchal Marg to Ganda Nala, Tri Nagar.
2. Measurement Book (b) details of a) MB No. 1352 Page 01 to page no. 36.
expenditure, Maps, Breif details of b) Total amount spent on was ` 3269895.42.
work and others. c) Photocopy had been made available.
d) Laying of CC Road between Rampura Railway
Crossing & Amar Park Railway Crossing in Village
Rampura, Delhi.
3. Name of the organisation and 1. Cement Concrete Cube Test was done departmental
laboratory from where the items Laboratory.
used in the said work had been 2. Cement test was done by Balaji Analytical
completed. Laboratories, DG-3/97, Shop No.2, Vikas Puri, Delhi.
3. Water was tested by Balaji Analytical Laboratories,
DG-3/97, Shop No.2, Vikas Puri, Delhi.
4. Whether Delhi Traffic Police had No permission was sought from Delhi Traffic Police to divert
given any permission to divert the the traffic.
traffic from the Ganda Nala Road
and Rampur road due to debris.
5. Details of contract awarded for the For this work 21 contracts were sold out of which 7
construction of Omprakash Panchan companies had submitted their tender. The tender was allotted
Road along with name of the to Mr. Pawan Kumar Gupta for ` 2800611.00.
company.
6. The Appellant requested to inspect The Appellant could fix the day and date to collect the
the specimen used in the specimen used in the said work.
construction of the said road.
First Appeal:
Incomplete and unsatisfactory information received from the PIO.
Order of the FAA:
Not ordered.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Montu Vaibhav Panchal;
Respondent : Mr. K. Sambhamurthi, Public Information Officer & Superintending Engineer;
Mr. Ramkrishan, Executive Engineer & Deemed PIO;
The appellant states that a concrete road made through a contractor at Rampura Railway Crossing
to Amar Pal Railway Crossing village Rampura has been damaged in less than a year of its construction.
He therefore sought information regarding this road and also wanted to inspect the materials which went
into making this road. The PIO delayed in giving the information beyond 30 days and since the road has
been made less than a year when the RTI application was made, it is difficult to understand why this
information was not provided within 30 days. Since the information was not been provided within 30 days
the information will now be provided free of cost as per Section 7(6) of the RTI Act. The Commission
directs the PIO to provide the following:
1- Query-1: Attested photocopy of the measurement book and photocopy of the drawing.
2- Query-6: The Respondent has stated that the samples of materials used in the road construction
are not kept by the Public Authority. The Public Authority is therefore directed to provide the
Appellant with a copy of the all the material tests that was carried out during the construction
of the road to the Appellant. The Commission also directs Irrigation and Floor Control
Department to take two cores of the road at its cost and provide one of the core to the
Appellant and get the other core tested by its own laboratory. The test result of the core tested
by the Department will be provided to the Appellant within 30 days of the core being drawn.
The Appellant will arrange to test the core at his own cost. The core cutting will be done by the
Public Authority at its cost on 17 December 2010 at 11.00AM in the presence of the Appellant.
The cores will be taken from locations selected by the Appellant where the surface is level.
The Respondent states that the maintenance period for the concrete road taken by the Public Authority is
one year which is the same as that of a bituminous road. The Public Authority should consider whether
the performance guarantee of the concrete road should not be must more than bituminous road.
Decision:
The Appeal is allowed.
The PIO is directed to give the information on point-1 as directed above to the
Appellant before 15 December 2010.
The PIO is also directed to send the core test report as directed above to the Appellant
before 20 January 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
03 December 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)