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| + | ====== Highway construction delay — RTI to NHAI ====== | ||
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| + | {{: | ||
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| + | 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." | ||
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| + | 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' | ||
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| + | 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. | ||
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| + | <WRAP info> | ||
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| + | <WRAP important> | ||
| + | \\ | ||
| + | **Why trust this page?** Our editors have filed over 200 RTI applications across Central and State authorities, | ||
| + | |||
| + | ===== Which authority holds the file? ===== | ||
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| + | Highways in India are built and maintained under two laws: | ||
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| + | * **The National Highways Act, 1956 (Act 48 of 1956)** — this law lets the Centre declare a road a " | ||
| + | * **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. | ||
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| + | 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), | ||
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| + | A quick rule of thumb: | ||
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| + | * **Construction delay, contractor, milestones, completion date** → NHAI (CPIO at the PIU / Project Director). | ||
| + | * **Land acquisition, | ||
| + | * **Toll rates and toll-concession contracts** → NHAI for the concession agreement; pair with [[rti-toll-collection-nhai|RTI for NHAI toll collection]]. | ||
| + | * **Environment clearance for the highway** → the Ministry of Environment, | ||
| + | |||
| + | ===== What is the difference between NHAI, MoRTH, and state PWDs? ===== | ||
| + | |||
| + | This is the single biggest source of wrong filings. Citizens confuse three different road-building bodies: | ||
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| + | - **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, | ||
| + | - **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, | ||
| + | - **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' | ||
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| + | 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/ | ||
| + | |||
| + | ===== How do I check my highway project status online before filing RTI? ===== | ||
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| + | You may not need an RTI at all. NHAI now publishes live project status on two portals: | ||
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| + | * **NHAI Data Lake** ([[https:// | ||
| + | * **Bhoomi Rashi** ([[https:// | ||
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| + | 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. | ||
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| + | ===== The three contract modes — and why they change your RTI ===== | ||
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| + | 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. | ||
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| + | - **EPC (Engineering, | ||
| + | - **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. | ||
| + | - **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. | ||
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| + | 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. | ||
| + | |||
| + | ===== Which documents and records should I ask for in my NHAI RTI? ===== | ||
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| + | The most effective RTI applications for highway construction delays ask for **records**, | ||
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| + | ^ Document / Record ^ What it tells you ^ Why it matters for your case ^ | ||
| + | | **Detailed Project Report (DPR)** | The original design, cost estimate, scope, and timeline as approved | Shows what was promised vs what is happening | | ||
| + | | **Letter of Allotment (LOA) / Agreement** | The contractor/ | ||
| + | | **Milestone chart and progress report** | Physical and financial progress %, milestone dates achieved vs planned | Quantifies exactly how far behind the project is | | ||
| + | | **Extension of Time (EOT) orders** | Official extensions granted, with stated reasons | Reveals whether delays are officially acknowledged and why | | ||
| + | | **Scheduled and likely completion date** | The original deadline and the latest revised deadline | The single most important field for "when will this finish?" | ||
| + | | **Joint Measurement Register (JMR)** | Field measurement of work actually done | Cross-checks claimed progress against ground reality | | ||
| + | | **Safety plan** | Contractor' | ||
| + | | **Land acquisition status (3A/3D notifications)** | Whether land is still pending acquisition | Determines if delay is due to land issues, not contractor | | ||
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| + | <WRAP tip> | ||
| + | |||
| + | ===== Major highway project types and their RTI relevance ===== | ||
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| + | 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: | ||
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| + | ^ Project Type ^ Typical Cost Range ^ Key RTI-Obtainable Records ^ Common Delay Reasons ^ | ||
| + | | **Greenfield expressway** (e.g. Mumbai-Nagpur, | ||
| + | | **NH widening (2-lane to 4/6-lane)** | ₹500–₹5, | ||
| + | | **NH bridge/ | ||
| + | | **NH bypass around a town** | ₹200–₹2, | ||
| + | | **Toll plaza modernization** | ₹10–₹100 crore | Concession agreement, FASTag integration report, revenue data | Technology integration, | ||
| + | | **Existing NH repair/ | ||
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| + | For bridge-specific projects, also see [[rti-for-bridge-construction-delay|RTI for bridge construction delay]]. For flyover/ | ||
| + | |||
| + | ===== The RTI application — step by step ===== | ||
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| + | **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. | ||
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| + | **Step 2 — Choose offline or online.** | ||
| + | * **Online:** Go to [[https:// | ||
| + | * **Offline: | ||
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| + | **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: | ||
| + | - cash against a receipt at the PIU counter, | ||
| + | - demand draft / banker' | ||
| + | - electronic means (the online portal route). | ||
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| + | **BPL applicants are exempt** from the fee on producing a BPL certificate — see [[claim-rti-fee-waiver-bpl-2026|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. | ||
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| + | **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|what information can RTI get]]. | ||
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| + | < | ||
| + | To: The Central Public Information Officer (CPIO), | ||
| + | NHAI Project Implementation Unit [name the PIU, e.g. PIU-Badaun] | ||
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| + | Sub: Application under section 6(1) of the RTI Act, 2005 | ||
| + | — Status of National Highway [number] stretch from [km X to km Y] | ||
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| + | 1. A copy of the approved Detailed Project Report (DPR) summary for this stretch. | ||
| + | 2. Name of the contractor/ | ||
| + | 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 " | ||
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| + | 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. | ||
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| + | Name: ............................. | ||
| + | Address: ........................... | ||
| + | Mobile / Email: ................... | ||
| + | Date: .............................. | ||
| + | </ | ||
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| + | **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 first appeal guide]]. | ||
| + | |||
| + | ===== How do I file a first and second appeal if NHAI ignores my RTI? ===== | ||
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| + | RTI gives you a built-in escalation path. Do not jump straight to court. | ||
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| + | 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? | ||
| + | 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]]. | ||
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| + | This is the same ladder that works for [[rti-to-track-public-projects|RTI to track any public project]], [[rti-for-bridge-construction-delay|RTI for bridge construction delay]], and [[rti-for-flyover-status|RTI for flyover status]] — the rules are common to all Central authorities. | ||
| + | |||
| + | ===== What do CIC orders say about highway RTI records? ===== | ||
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| + | Two real orders show how the CIC treats NHAI record requests: | ||
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| + | * **B.C. Reghiwale vs NHAI** (CIC, IC Saroj Punhani, 16 August 2022; nine clubbed appeals CIC/ | ||
| + | * **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, | ||
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| + | 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-objection|RTI for CAG audit objections]]. | ||
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| + | For more landmark RTI decisions, see [[landmark-cic-decisions|landmark CIC decisions]] and [[landmark-rti-cases|landmark RTI cases]]. | ||
| + | |||
| + | ===== What are the most common reasons highway projects get delayed? ===== | ||
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| + | Understanding the root cause of delay helps you ask sharper RTI questions. Based on CAG audits, NHAI annual reports, and CIC proceedings, | ||
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| + | - **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. | ||
| + | - **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' | ||
| + | - **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|RTI for environment and pollution]]. | ||
| + | - **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. | ||
| + | - **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. | ||
| + | - **Law-and-order issues** — in areas affected by left-wing extremism or local disputes, contractor personnel cannot work safely. | ||
| + | - **Fund release delays** — NHAI's own budget constraints or Allocated Expenditure ceilings can slow milestone payments to contractors. See [[rti-for-budget-allocation-department|RTI for budget allocation]] and [[rti-to-track-government-spending|RTI to track government spending]]. | ||
| + | - **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-station-development|RTI for railway infrastructure]]. | ||
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| + | ===== How can I use RTI evidence in other forums after getting the reply? ===== | ||
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| + | 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: | ||
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| + | - **Parliament / State Legislature questions: | ||
| + | - **Grievance portals:** File a structured grievance on **CPGRAMS** (pgportal.gov.in) with the RTI reply as supporting evidence. See [[cpgrams-rti|CPGRAMS and RTI]]. | ||
| + | - **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 [[writ-petition-article-226-high-court-citizen-guide-india|filing a writ petition in High Court]]. | ||
| + | - **Lokpal complaint: | ||
| + | - **CAG follow-up: | ||
| + | - **Media and civic activism:** Share the documents with local journalists and citizen groups. Public scrutiny alone often accelerates stuck projects. | ||
| + | - **Public interest litigation (PIL):** If the delay affects a large population (e.g., an entire district' | ||
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| + | The key insight: **RTI gives you evidence; other forums give you action.** Neither works well alone. For a structured approach, see [[rti-to-track-public-projects|RTI to track any public project]] and [[rti-to-improve-local-infrastructure|RTI to improve local infrastructure]]. | ||
| + | |||
| + | ===== 5 questions that always work ===== | ||
| + | |||
| + | If you remember nothing else, ask these five — they map directly to fields the Data Lake is supposed to publish: | ||
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| + | - **DPR** — what was promised. | ||
| + | - **Contractor and contract value** — who and for how much. | ||
| + | - **Mode (EPC/ | ||
| + | - **Milestones and current status** — how far behind. | ||
| + | - **Likely completion date** — when, and why the slip. | ||
| + | |||
| + | For a broader set of high-impact RTI questions across topics, see [[top-20-rti-questions|top 20 RTI questions]] and [[rti-query-builder|RTI query builder]]. | ||
| + | |||
| + | ===== Common mistakes ===== | ||
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| + | * **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?" | ||
| + | * **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 [[section-8-rti-exemptions|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-road-work-status|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|why RTI gets rejected]] for more common pitfalls. | ||
| + | |||
| + | ===== Expanded FAQ ===== | ||
| + | |||
| + | * **Q: My delay is about land acquisition, | ||
| + | * **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," | ||
| + | * **Q: Can I file online for a state highway?** A: No. rtionline.gov.in is for Central authorities only. Use your state' | ||
| + | * **Q: The PIO says " | ||
| + | * **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' | ||
| + | * **Q: The highway passes through a forest/ | ||
| + | * **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|RTI for government contract award]] and [[rti-for-bid-rejection-reason|RTI for bid rejection reason]]. Pair with [[rti-for-cag-audit-objection|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" | ||
| + | * **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-citizen-charter-compliance|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-format|RTI form and format]] and [[citizen-rti-playbook|Citizen RTI Playbook]]. | ||
| + | |||
| + | ===== Related reading ===== | ||
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| + | ===== Sources ===== | ||
| + | - The National Highways Act, 1956 (Act 48 of 1956) — https:// | ||
| + | - The National Highways Authority of India Act, 1988 (Act 68 of 1988) — https:// | ||
| + | - RTI (Regulation of Fee and Cost) Rules, 2012 — DoPT FAQ — https:// | ||
| + | - RTI Online portal (NHAI listed as Central public authority, PIUs included) — https:// | ||
| + | - NHAI Data Lake project-status dashboard — https:// | ||
| + | - Bhoomi Rashi — MoRTH NH land-acquisition portal (launched 01.04.2018) — https:// | ||
| + | - NHAI official website — https:// | ||
| + | - Ministry of Road Transport & Highways (MoRTH) — https:// | ||
| + | - B.C. Reghiwale vs NHAI — CIC, IC Saroj Punhani, 16 Aug 2022 — http:// | ||
| + | - CIC s25(5) advisory to NHAI to proactively disclose contracts — Business Standard, 2 July 2026 — https:// | ||
| + | - CAG audit of NHAI (statutory Central body, public reports) — https:// | ||
| + | - PM Gati Shakti National Master Plan (infrastructure monitoring) — https:// | ||
| + | |||
| + | //Last reviewed: 10 July 2026.// | ||
| + | |||
| + | {{tag> | ||
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| + | |||
| + | |||
| + | ===== Support this work ===== | ||
| + | |||
| + | If this guide saved you a wasted filing or a wrong address, you can help it reach the next citizen. | ||
| + | |||
| + | - **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. [[playground: | ||
| + | - **Donate to keep these guides free** — every contribution funds fact-checking, | ||