CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/A/2014/002989
F.No.CIC/YA/A/2014/003180
F.No.CIC/YA/A/2014/001460
F.No.CIC/YA/C/2014/000405
F.No.CIC/YA/C/2014/000568
Date of Hearing
Date of Decision
:
:
04.08.2015
07.08.2015
Appellant/Complainant
:
Shri V. Mohan
Rep. by Shri Rajamanikkam & Shri Arvind
Salem
Respondent
:
Shri Shivaji, Project Director
Shri Sunderajan, Manager (Finance)
Smt. Savitri, Dy. Gen. Manager (Technical)
National Highways Authority of India
Chennai
Information Commissioner
:
Shri Yashovardhan Azad
Relevant facts emerging from complaint/appeal:
RTI application filed on
PIO replied on
First Appeal filed on
First Appellate Authority (FAA) order on
Complaint/ Second Appeal received on
:
:
:
:
:
23.04.2014
19.05.2014
29.05.2014
07.08.2014
15.10.2014
As the RTI applications in the above mentioned appeals and complaints are identical, these
cases are being heard & decided together.
Information sought:
The appellant sought information regarding copy of ‘Arbitration Agreement’ as under Section
7(1) to 7(4) of the Arbitration and Conciliation Act, 1996.
Relevant facts emerging during hearing:
Both parties are present. The appellant vide identical RTI applications sought the above
information. GM(Tech)/Project Director in his reply informed the appellant that as per Section
3(G) 5 of NH Act (48 of 1956), the Central Govt. appoints Arbitrator. The Arbitrator for Salem
District is District Collector, Salem appointed by Central Govt. vide its office order MoRTH
Ref. No. RW/NH/37011/47/2003/PIC dated 03.10.2003. The FAA in his order observed that
information has already been provided to the appellant.
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The appellant stated that he wants a copy of the Arbitration Agreement between the land owner
and NHAI. The respondent stated that neither in the RTI application nor in the first appeal the
appellant has mentioned that copy of the Arbitration Agreement between the land owner and
NHAI is required. He stated that the same has been mentioned only now, when the matter has
come before the Commission. He further stated that it was only mentioned in his second appeal
that he is seeking the agreement between NHAI and accrued owner. He further stated that the
word ‘accrued land owner’ does not convey any meaning. He stated that a copy of the letter dt.
03.10.2003 was also provided to the appellant. The appellant urged that the respondent
authority should clearly state if there is an Arbitration Agreement between the land owner and
NHAI or not. If there is an agreement, then a copy of the same should be provided.
The respondent has furnished a written submission in this regard. It is stated therein that on
acquisition of land for National Highway Projects under the provisions of NH Act 1956, the
land so acquired vests with Govt. of India. NHAI is only an implementing Agency for Govt. of
India for execution of the projects entrusted to it. It is stated that Competent Authority Land
Acquisition (CALA) is appointed by Govt. of India under the provisions of NH Act 1956
through Gazette Notification to discharge the functions relating to acquisition of land for
National Highway Projects. As a means to facilitate the land owners to address their grievances
for enhanced compensation, in case of disagreement with the amount awarded by CALA, Govt.
of India has made provision under section 3G(5) of the NH Act by which the concerned
District Collector / Magistrate is appointed as the Arbitrator for examining the petitions case by
case and dispose accordingly based on the merits of individual case.
It is further stated therein that the number of parties involved in the LA Arbitration is not predetermined and the same depends on the number of land owners who chose to seek
enhancement of compensation for the land and structures acquired under the provisions of NH
Act. Unlike in other Arbitration cases, where two distinct parties with clear terms or disputes
are involved, in the case of Land Acquisition Arbitrations, the District Collector of the
concerned District is appointed by the Central Government as the Arbitrator to adjudicate the
petitions received from the land owners against the Compensation Awards passed by the
Competent Authority for Land Acquisition (CALA) under section 3G of the NH Act 1956. It is
stated that once the District Collector is appointed as the Arbitrator, he continues to dispose of
all the LA Arbitration petitions arising out of acquisition of land under NH Act in the
concerned District. Hence, there is no pre-concluded agreement either between the District
Collector and the land owners or NHAI and the land owners or District Collector and NHAI
regarding disposal of the Petitions preferred by the land owners before the District Collector.
Decision:
After hearing both the parties and on perusal of record, the Commission concurs with the
respondent authority’s view that the appellant neither in his RTI application nor in the first
appeal mentioned that copy of the Arbitration Agreement between the land owner and NHAI is
required. The RTI application merely stated that a copy of ‘Arbitration Agreement’ as under
Section 7(1) to 7(4) of the Arbitration and Conciliation Act, 1996 is required. Further, this fact
was not clarified at the level of the Fist Appellate Authority. As for the issue being raised at the
Commission’s level, it is found that the PIO has already made the issue more than clear. The
Commission does not find any reason to differ from the same and therefore, no further action is
required to be taken on the abovementioned cases.
With these observations, the appeals & complaints are disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Page 2 of 3
Authenticated true copy. Additional copies of orders shall be supplied against application and
payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit)
Deputy Secretary & Deputy Registrar
Copy to:Central Public Information Officer under RTI
Gen. Manager-(Tech) & Project Director,
National Highways Authority of India,
Project Implementation Unit - NS,
Door No.-212-3/D3-1, Sri Nagar Colony,
Narasothipatti, Salem–636004 (T.N.).
Shri V. Mohan
S/o. Shri C. Varadarajan,
Door No.-5/10,
Opp. To Sivambiga Petrol Pump,
Chinnayapuram, Dhasanayackanpatty (P.O.),
Salem-636201 (Tamil Nadu).
Page 3 of 3
First Appellate Authority under RTI
Chief Gen. Manager-(Tech) & RO-CR,
National Highways Authority of India,
Regional Office : Chennai Region,
No.-1/54-28, Butt Road, St. Thomas Mount,
Near Kathipara Junction, Chennai-600016.