Highway construction delay — RTI to NHAI

Ramesh drives past the half-built stretch of NH-161 near Akola every morning. For two years, the same yellow excavators sit idle by the roadside. No worker, no board, no answers. The village sarpanch was told “work is going on.” The local MLA office said “file a complaint.” Nothing moved.

Then a neighbour suggested a simple tool: an RTI application. One letter, ten rupees, thirty days. Within a month, Ramesh held the project report, the contractor's name, and the official “likely completion date” in his hands. For the first time, the delay had a paper trail — and a name attached to it.

This page shows you exactly how to do what Ramesh did: ask the right authority, pay the right fee, use the right words, and climb the appeal ladder if the reply never comes. Everything here is built on verified law and real CIC orders, so you do not waste a filing on a wrong address.

Highways in India are built and maintained under two laws:

• The National Highways Act, 1956 (Act 48 of 1956) — this law lets the Centre declare a road a “National Highway,” acquire land for it (sections 3A to 3J), and collect tolls (section 7). It came into force on 15 April 1957.
• The National Highways Authority of India Act, 1988 (Act 68 of 1988) — this law created the NHAI, the body that actually builds, maintains and manages most National Highways. Section 3 sets up NHAI; section 16 lists its jobs (develop, maintain, collect tolls, advise the Centre). NHAI became operational in February 1995.

NHAI is a Central public authority under the Ministry of Road Transport & Highways (MoRTH). That matters, because it means the RTI Act, 2005 applies to it fully, and you can file online through the DoPT RTI Online portal (rtionline.gov.in), which lists NHAI headquarters and individual Project Implementation Units (PIUs) like PIU-Badaun, PIU-Vidisha and PIU-Khammam II. (PIU is simply NHAI's field office for a cluster of highway projects.) For a broader overview of which bodies fall under the RTI Act, see State vs Central RTI — which portal to use.

A quick rule of thumb:

• Construction delay, contractor, milestones, completion date → NHAI (CPIO at the PIU / Project Director).
• Land acquisition, compensation, s3A/3D notification → the Bhoomi Rashi portal (bhoomirashi.gov.in) and the land-acquiring officer (often the District Magistrate / Land Acquisition Officer). See also RTI for road work status for state-road variants.
• Toll rates and toll-concession contracts → NHAI for the concession agreement; pair with RTI for NHAI toll collection.
• Environment clearance for the highway → the Ministry of Environment, Forest and Climate Change (MoEFCC). See RTI for environment and pollution.

This is the single biggest source of wrong filings. Citizens confuse three different road-building bodies:

1. MoRTH (Ministry of Road Transport & Highways) — the policy-making ministry under the Central government. It frames policy, allocates budget, and approves new National Highway declarations, but it does not build roads directly. MoRTH is headquartered at morth.nic.in and is itself a Central public authority under the RTI Act. If your question is about policy, budget allocation, or a new NH declaration notification, file with MoRTH's CPIO.
2. NHAI (National Highways Authority of India) — the statutory body that actually builds, maintains and manages most National Highways through contractors and concessionaires. NHAI operates through Regional Offices and Project Implementation Units (PIUs) across India. If your question is about construction progress, contractor performance, project milestones, or completion dates, file with the NHAI CPIO at the relevant PIU. Official site: nhai.gov.in.
3. State PWD (Public Works Department) — each state has its own PWD that builds and maintains state highways, major district roads, and rural roads (PMGSY). State PWDs are not Central authorities. You cannot file for them through rtionline.gov.in — you must use the state's own RTI portal or file offline. See RTI for road work status and your state's guide from State RTI Portals Directory.

The practical test: if the road has an NH number (NH-44, NH-48, NH-161, etc.), it is a National Highway and NHAI/MoRTH holds the records. If it has an SH number (SH-7, SH-25) or is a village/municipal road, it belongs to the state PWD or municipality.

You may not need an RTI at all. NHAI now publishes live project status on two portals:

• NHAI Data Lake (datalakeg.nhai.gov.in) — for each project it shows physical and financial progress %, awarded cost, LOA/agreement/appointed dates, scheduled vs likely completion, extension of time (EOT), implementation mode (EPC/HAM/BOT), the contractor or concessionaire, and the Independent Engineer. Datalake 3.0 also links Bhoomi Rashi, e-Procurement and PM Gati Shakti, plus a QR Highway citizen scan.
• Bhoomi Rashi (bhoomirashi.gov.in) — launched by MoRTH on 1 April 2018 for land acquisition. It links to e-gazette for s3A/3D notifications, has an award calculator, and pays compensation through PFMS. If your delay is about land and compensation, start here.

If the dashboard already answers your question, save your Rs.10. If it is blank, outdated, or the field you need is empty, that emptiness itself is a good reason to file.

NHAI builds roads in three main ways. The mode decides who carries the risk, so it is the single most useful line in your RTI reply.

1. EPC (Engineering, Procurement and Construction) — 100% government-funded. NHAI pays the contractor in milestones. The contractor only carries execution risk (delay and quality), not money risk. If work is slow here, the pressure point is NHAI's own supervision.
2. HAM (Hybrid Annuity Model) — introduced in 2016. NHAI gives a 40% construction grant up front; the developer arranges the rest and is paid the remaining 60% as annuity over 15 years. The developer carries no traffic risk — NHAI takes the “will enough vehicles pay toll?” question.
3. BOT (Toll or Annuity) — the developer finances, builds and operates the road for a 25-30 year concession. The developer carries the traffic (Toll) or availability (Annuity) risk. Delays here often become disputes between NHAI and the concessionaire.

Always ask for the mode in your RTI. Without it you cannot tell whether a delay is a contractor problem (EPC/HAM) or a concessionaire dispute (BOT) — and you cannot frame the right follow-up question.

The most effective RTI applications for highway construction delays ask for records, not opinions (see the CIC ruling on Reghiwale below). Here is the full list of documents you can request, what each tells you, and why it matters:

Different types of National Highway projects have different information you can seek. Here is a reference table to help you identify what records exist for your specific situation:

For bridge-specific projects, also see RTI for bridge construction delay. For flyover/grade-separator projects, see RTI for flyover status. For metro/urban transit projects, see RTI for metro project progress.

Step 1 — Identify the PIU. Find the NHAI Regional Office or PIU that handles your stretch. The Data Lake project page names it. File there, not at NHAI HQ — headquarters will only forward and waste your 30 days.

Step 2 — Choose offline or online.

• Online: Go to rtionline.gov.in, pick the NHAI authority (HQ or the specific PIU), fill the form, and pay Rs.10 by SBI internet banking, card or UPI. Only Central authorities are covered; if you file for a state body by mistake it is returned without refund. See how to file RTI online in India for a screen-by-screen walkthrough.
• Offline: Write the application below, attach the fee, and hand it in at the PIU office or send it by registered post. See how to file RTI in India for the general process.

Step 3 — Pay the fee. Under the RTI (Regulation of Fee and Cost) Rules, 2012 (DoPT), the fee is Rs.10 for a request of up to 500 words. You can pay by:

1. cash against a receipt at the PIU counter,
2. demand draft / banker's cheque / Indian Postal Order in favour of the Accounts Officer,
3. electronic means (the online portal route).

BPL applicants are exempt from the fee on producing a BPL certificate — see how to claim the BPL RTI fee waiver. Photocopies of records cost Rs.2 per A4 page — the PIO must tell you this cost before making the copies.

Step 4 — Write the application. Use the template below. Keep it to one page and numbered questions. For a deeper understanding of what information you can legally request, see what information can RTI get.

To: The Central Public Information Officer (CPIO),
    NHAI Project Implementation Unit [name the PIU, e.g. PIU-Badaun]

Sub: Application under section 6(1) of the RTI Act, 2005
     — Status of National Highway [number] stretch from [km X to km Y]

1. A copy of the approved Detailed Project Report (DPR) summary for this stretch.
2. Name of the contractor/concessionaire and the awarded contract value.
3. The implementation mode (EPC / HAM / BOT-Toll / BOT-Annuity).
4. The agreed project milestones with dates, and the current physical and financial progress percentage.
5. The scheduled completion date and the latest "likely completion date", with reasons for any extension of time (EOT) granted.

Fee of Rs.10 is paid [online / by IPO number ... / in cash receipt no. ...].
I am a citizen of India and request the information under section 6(1) of the RTI Act, 2005.

Name: .............................
Address: ...........................
Mobile / Email: ...................
Date: ..............................

Step 5 — Wait 30 days. Under section 7(1) of the RTI Act, the CPIO must reply within 30 days (48 hours where the information concerns the life or liberty of a person). Mark the date on your calendar. If 30 days pass with no reply, you are automatically eligible to file a first appeal — see RTI first appeal guide.

RTI gives you a built-in escalation path. Do not jump straight to court.

1. **First appeal — section 19(1).** If you get no reply in 30 days, or the reply is evasive or incomplete, file a first appeal with the **First Appellate Authority (FAA)** of the same NHAI office within **30 days** of the expiry of the reply period. No extra fee. The FAA must decide in 30 days (extendable to 45). See [[file-first-appeal-rti-section-19-2026|how to file a first appeal under section 19]] for the format and process.
2. **Second appeal — section 19(3).** Still unsatisfied? File a second appeal with the **Central Information Commission (CIC)** within **90 days**. The CIC can admit a delayed appeal for "sufficient cause," but do not rely on that — file on time. See [[rti-second-appeal-cic-sic|how to file a second appeal with the CIC]].
3. **Use the paper in other forums.** Once you hold the DPR, the contractor name, and the likely completion date, that paper becomes evidence before a writ court, the Lokpal, or your MP. The RTI itself does not order the road built — but no other forum can act without the proof it gives you. For the writ route after a CIC order, see [[rti-writ-petition-high-court-article-226-after-cic-sic-order|filing a writ petition after a CIC order]].

This is the same ladder that works for RTI to track any public project, RTI for bridge construction delay, and RTI for flyover status — the rules are common to all Central authorities.

Two real orders show how the CIC treats NHAI record requests:

• B.C. Reghiwale vs NHAI (CIC, IC Saroj Punhani, 16 August 2022; nine clubbed appeals CIC/NHAIN/A/2021/638601-663608) — on NH-161 (Akola-Washim). The appellant wanted the CPIO to verify land-acquisition calculations and draw inferences. The CIC held that a PIO is not required to draw inferences or do mathematical verification for you (citing *CBSE v Aditya Bandopadhyay*), because section 2(f) covers existing records, not analysis. The CPIO had already offered the existing records — JMR (joint measurement) sheets, award pages, project reports — at the Rs.2/A4 photocopying fee; the Commission found no scope for further action because what was sought was interpretation, not records. Lesson: ask for records, not opinions.
• CIC s25(5) advisory to NHAI (2 July 2026, IC Jaya Varma Sinha) — in a second appeal about flyover contracts at Shivpuri Bypass Crossing and Medical College Crossing, Jhansi, the Commissioner held that denying contract agreements and safety plans under section 8(1)(d) was wrongly applied and evasive, directed the CPIO to furnish the information, and reminded NHAI of its section 4 duty to proactively disclose contracts and safety plans in the public domain. Lesson: even “commercial confidence” cannot be a blanket refusal when NHAI has not done its suo motu disclosure.

The Comptroller and Auditor General (CAG) also audits NHAI as a statutory Central body, and its NHAI audit reports are public documents — useful corroboration when you frame a follow-up question or a writ. You can file an RTI to seek CAG audit observations too; see RTI for CAG audit objections.

For more landmark RTI decisions, see landmark CIC decisions and landmark RTI cases.

Understanding the root cause of delay helps you ask sharper RTI questions. Based on CAG audits, NHAI annual reports, and CIC proceedings, the most common delay reasons for National Highway projects are:

1. Land acquisition pending — sections 3A/3D notifications issued but compensation not disbursed, or forest land diversion still under process at MoEFCC. This is the number one cause of delay. Check Bhoomi Rashi for status.
2. Utility shifting — electricity poles, water pipelines, gas lines, and telecom cables on the alignment need to be moved by the respective agencies before road work can proceed. This often takes months and is outside the contractor's control.
3. Environmental and forest clearance delays — if the alignment passes through eco-sensitive zones or forest land, clearance from MoEFCC and the state forest department is mandatory. See RTI for environment and pollution.
4. Contractor financial distress or abandonment — the contractor (especially in EPC mode) faces cash-flow problems, declares insolvency under IBC, or simply stops work. NHAI then must re-tender, losing 1-2 years.
5. Design changes during construction — geological surprises (weak soil, rock), alignment revision due to local opposition, or scope addition by NHAI lead to revised estimates and EOT.
6. Law-and-order issues — in areas affected by left-wing extremism or local disputes, contractor personnel cannot work safely.
7. Fund release delays — NHAI's own budget constraints or Allocated Expenditure ceilings can slow milestone payments to contractors. See RTI for budget allocation and RTI to track government spending.
8. Railway crossing approvals — where an NH crosses railway lines, approvals from Indian Railways for ROB/RUB construction can take 18-24 months. See RTI for railway infrastructure.

An RTI reply is not the end of the road — it is the beginning of accountability. Once you hold certified documents from NHAI, you can use them in multiple forums:

1. Parliament / State Legislature questions: Ask your MP or MLA to raise a starred/unstarred question citing the documents. MPs can ask for ministry responses on specific NH projects. See RTI for MP/MLA fund utilization.
2. Grievance portals: File a structured grievance on CPGRAMS (pgportal.gov.in) with the RTI reply as supporting evidence. See CPGRAMS and RTI.
3. Writ petition (Article 226/32): If the documents show gross negligence or arbitrary action, a High Court can issue mandamus directing NHAI to complete the work within a timeframe. See filing a writ petition in High Court.
4. Lokpal complaint: For corruption allegations supported by the RTI documents, a complaint to the Lokpal is possible for Central government bodies.
5. CAG follow-up: If audit-relevant irregularities surface, forward the RTI documents to the CAG office for inclusion in the next audit cycle. See RTI for CAG audit objections.
6. Media and civic activism: Share the documents with local journalists and citizen groups. Public scrutiny alone often accelerates stuck projects.
7. Public interest litigation (PIL): If the delay affects a large population (e.g., an entire district's connectivity), a PIL can be filed in the High Court.

The key insight: RTI gives you evidence; other forums give you action. Neither works well alone. For a structured approach, see RTI to track any public project and RTI to improve local infrastructure.

If you remember nothing else, ask these five — they map directly to fields the Data Lake is supposed to publish:

1. DPR — what was promised.
2. Contractor and contract value — who and for how much.
3. Mode (EPC/HAM/BOT) — who carries the risk.
4. Milestones and current status — how far behind.
5. Likely completion date — when, and why the slip.

For a broader set of high-impact RTI questions across topics, see top 20 RTI questions and RTI query builder.

• Filing at NHAI HQ only. Headquarters forwards to the PIU and burns your 30 days. File at the PIU / Project Director level directly.
• Asking for “why is it delayed?” The PIO need not give reasons or opinions (Reghiwale). Ask for records — DPR, JMR (joint measurement) sheets, EOT orders, progress reports.
• Skipping the mode. Without EPC/HAM/BOT you cannot tell whether the delay is a contractor fault or a concessionaire dispute.
• Ignoring section 4. NHAI is supposed to publish contracts and safety plans on its own (the 2 July 2026 advisory). Pointing out a missing suo motu disclosure strengthens both your first and second appeal. See RTI section 8 exemptions to understand which exemptions apply.
• Filing for a state road through rtionline.gov.in. The online portal covers only Central authorities. A state PWD filing is returned without refund — file offline with the state PWD's PIO instead. See RTI for road work status.
• Not keeping a copy of the application and proof of posting. Without the dated proof, you cannot prove 30 days have elapsed for the first appeal. See why RTI gets rejected for more common pitfalls.

• Q: My delay is about land acquisition, not construction. A: That is a different authority. Land for NHs is acquired under sections 3A-3J of the NH Act 1956 through the Bhoomi Rashi portal (bhoomirashi.gov.in) and the Land Acquisition Officer / District Magistrate. File your RTI there for s3A/3D notifications, the award, and compensation disbursal. For challenges to compensation amounts, see challenging land acquisition compensation under RFCTLARR Act.
• Q: I want the toll concession agreement. A: Ask NHAI for it post-award. The 2 July 2026 CIC advisory confirms section 8(1)(d) cannot be a blanket refusal — but frame it as “a copy of the executed concession agreement,” a record, not a summary. See RTI for NHAI toll collection and FASTag wrong toll deduction.
• Q: Can I file online for a state highway? A: No. rtionline.gov.in is for Central authorities only. Use your state's own RTI portal or file offline with the state PWD PIO. See RTI for road work status and State RTI Portals Directory.
• Q: The PIO says “commercial confidence, cannot disclose.” A: That is section 8(1)(d). It is not absolute. The 2 July 2026 CIC advisory held this defence “evasive” for NHAI contract agreements and safety plans. Quote that order in your first appeal. See how to challenge section 8 exemptions.
• Q: How long does the whole RTI process take for a highway project? A: 30 days for the initial reply, plus up to 30 days (extendable to 45) for a first appeal decision, plus up to 90 days for a CIC second appeal to be listed. In practice, a second appeal hearing can take 6-12 months to be listed depending on CIC backlog. Plan accordingly.
• Q: Can I ask for the contractor's safety record or past performance? A: Yes — NHAI maintains contractor performance ratings. Ask for the “contractor performance report” or “contractor rating” in your RTI. This is not personal information of the contractor; it is a record held by a public authority. See RTI for tender evaluation.
• Q: The highway passes through a forest/eco-sensitive zone. Can I get the environmental clearance? A: Yes. File with MoEFCC for the Environmental Clearance (EC) letter, Environmental Impact Assessment (EIA) report, and any conditions imposed. See RTI for environment and pollution.
• Q: I suspect corruption in the contract award. A: Ask for the tender evaluation report, bid comparison chart, and the approval note for contract award. See RTI for government contract award and RTI for bid rejection reason. Pair with CAG audit objection RTI.
• Q: Can a group of citizens jointly file an RTI for a highway? A: Yes. Any one citizen can file on behalf of the group, or each can file separately for different stretches. There is no “joint application” form — one person's signature suffices. See RTI for ignored complaints.
• Q: What if the NHAI project page on Data Lake is completely blank? A: That itself is a section 4(2) violation — NHAI is required to proactively publish this information. File an RTI pointing out the blank page and requesting the specific fields. The absence of proactive disclosure strengthens your appeal. See RTI for citizen charter compliance.
• Q: Is there a sample RTI application I can just copy? A: Yes — use the template in the “step by step” section above. For a full collection of templates, see RTI form and format and Citizen RTI Playbook.

• RTI for bridge construction delay
• RTI for flyover status
• RTI for road work status
• RTI for NHAI toll collection
• RTI to track any public project
• RTI for environment and pollution
• RTI for CAG audit objections
• RTI for railway station development
• RTI for metro project progress
• RTI for budget allocation
• State vs Central RTI
• RTI section 8 exemptions

1. The National Highways Act, 1956 (Act 48 of 1956) — https://www.indiacode.nic.in/handle/123456789/1651?locale=en
2. The National Highways Authority of India Act, 1988 (Act 68 of 1988) — https://morth.nic.in/hi/node/2480
3. RTI (Regulation of Fee and Cost) Rules, 2012 — DoPT FAQ — https://dopt.gov.in/sites/default/files/FAQ_RTI%202012%20(1).pdf
4. RTI Online portal (NHAI listed as Central public authority, PIUs included) — https://rtionline.gov.in/request/allpa.php?pageid=
5. NHAI Data Lake project-status dashboard — https://datalakeg.nhai.gov.in/NHAI/MISC/ProjectDetailsAdvance
6. Bhoomi Rashi — MoRTH NH land-acquisition portal (launched 01.04.2018) — https://bhoomirashi.gov.in/auth/revamp/RepHighway.cshtml
7. NHAI official website — https://nhai.gov.in
8. Ministry of Road Transport & Highways (MoRTH) — https://morth.nic.in
9. B.C. Reghiwale vs NHAI — CIC, IC Saroj Punhani, 16 Aug 2022 — http://indiankanoon.org/doc/162305226/
10. CIC s25(5) advisory to NHAI to proactively disclose contracts — Business Standard, 2 July 2026 — https://www.business-standard.com/economy/news/cic-advises-nhai-to-proactively-disclose-contracts-info-in-public-domain-126070200875_1.html
11. CAG audit of NHAI (statutory Central body, public reports) — https://cag.gov.in
12. PM Gati Shakti National Master Plan (infrastructure monitoring) — https://pmgatismitr.gati.gov.in

Last reviewed: 10 July 2026.

~~DISCUSSION~~

If this guide saved you a wasted filing or a wrong address, you can help it reach the next citizen.

1. Download the RTI Playbook — a printable pack of ready-to-file templates (highway, bridge, flyover, toll, land acquisition) with the fee, deadline and appeal ladder filled in for each. Get the RTI Playbook.
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