Did an ambulance cross three toll plazas during a particular period? - PIO: toll plazas were run by private agencies & the contract with concessionaire has expired - CIC: information is neither held nor can be accessed by Public Authority, appeal rejected
14 Feb, 2014Appellant wanted to know whether an ambulance has crossed three toll plazas during a particular period - PIO: toll plazas were run by private agencies & the contract with the concessionaire has expired; the public authority has no jurisdiction over the private operator to access the same information - CIC: information is neither held nor can be accessed by the Public Authority, appeal rejected
ORDER
Information Sought:
The appellant had sought the information whether an Ambulance has crossed three toll plazas during the period 25/29.1.2011.
Relevant Facts emerging during Hearing:
The Appellant stated that he had filed an RTI application on 5/1/2013 seeking information whether an Ambulance has crossed three toll plazas during the period 25/29.1.2011. In reply, the CPIO stated that these toll plazas were run by private agencies and old data of vehicles crossing the toll plazas were not available. The information was, however, sought from the private agency with whom the contract had expired in 2012 and the RTI application was made in 2013. The Respondent stated that the information is received on monthly basis from the Toll Plaza operators which is comprised of the revenue collected, make of vehicles passing through etc. The soft copy containing the snap shots of vehicles passing through the plaza remain with the concessionaire and are not available with the NHAI. Hence, as such this information regarding individual vehicles is not available with the NHAI. However, on query this is accessed from the concessionaire’s server for the appellant. Since the contract with the concessionaire has expired, the public authority has no jurisdiction over the private operator to access the same information.
Decision:
In view of the facts & circumstances stated above the information is neither held nor can be accessed by the Public Authority, so the information cannot be furnished to the appellant. Appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri Pradeep Lakhotia v. National Highways Authority of India in File No. CIC/SS/A/2013/001248-YA