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| + | {{htmlmetatags> | ||
| + | ====== Road not repaired? RTI to PWD or Municipal Engineer ====== | ||
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| + | {{: | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** Pothole-ridden road ignored? File RTI to PWD Executive Engineer or Municipal Engineer for work-order, contractor, inspection report and penalty under RTI Act 2005. | ||
| + | </ | ||
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| + | <WRAP info> | ||
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| + | ===== The story most citizens recognise ===== | ||
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| + | Sunita rides her two-wheeler to work every morning along a 600-metre stretch of an arterial ward road in a tier-2 municipal corporation city. For three monsoon months now, that stretch has been a ribbon of potholes. Two riders have skidded. One broke a wrist. She has called the municipal helpline four times, each time getting back only an acknowledgement number and a recorded "your complaint has been registered." | ||
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| + | Sunita' | ||
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| + | That paper trail is exactly what the Right to Information Act, 2005 was built to surface. This guide shows you, step by step, how to file an RTI for an unrepaired road, which public authority to address depending on the type of road, what specific records to ask for, and how to escalate when the Public Information Officer hides behind " | ||
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| + | ===== What road repair actually is — and who owns your road ===== | ||
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| + | Before you file, you must know which authority maintains the road. Filing to the wrong office is the number one reason RTIs on roads fail. India' | ||
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| + | - **National Highways (NH)** are maintained by the **National Highways Authority of India (NHAI)**, a statutory body created by the **National Highways Authority of India Act, 1988**, under the **Ministry of Road Transport and Highways (MoRTH)**. The PIO for a national highway stretch is the **Project Director** of the relevant NHAI **Project Implementation Unit (PIU) / Regional Office**. File through the Central RTI portal **rtionline.gov.in**, | ||
| + | - **State Highways and Major District Roads** are maintained by the **State Public Works Department (PWD)** of the state where the road lies — for example, PWD GNCTD in Delhi, Maharashtra PWD, Kerala PWD. The PIO is typically the **Executive Engineer or Sub-Divisional Officer** of the road's division. | ||
| + | - **City and urban roads** are maintained by the **Municipal Corporation or Urban Local Body** under the state' | ||
| + | - **Rural roads** are built and maintained under the **Pradhan Mantri Gram Sadak Yojana (PMGSY)**, run by the **Ministry of Rural Development** through the **National Rural Infrastructure Development Agency (NRIDA)**. At the state level the PIO is the **State Programme Director or the Executive Engineer (PWD / Rural Roads Department)** of the district concerned. | ||
| + | - **Village roads within a Gram Panchayat** are the responsibility of the **Gram Panchayat or Block Development Officer**. | ||
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| + | The first question in your RTI should therefore be a jurisdiction question: " | ||
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| + | <WRAP tip> | ||
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| + | ===== How the road-repair machinery works — so you know what to ask for ===== | ||
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| + | A road repair is not a single event. It is a chain of records, and each link in that chain is disclosable under the RTI Act. Understanding the chain tells you exactly what to ask for. | ||
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| + | When a stretch needs repair, the responsible division (PWD division or municipal ward) prepares an **estimate** and issues a **work-order** to a contractor. The work-order carries the sanctioned amount, the scope (length, area, material), and a **completion deadline**. As work proceeds, the **Measurement Book (MB)** records the quantity of work done day by day, and the contractor submits **material bills** and a **Material on Site Register** entry. On completion, a departmental officer conducts an inspection and, for larger works, a **third-party or lab quality test** is performed. A **completion certificate** is then issued, and the contractor is paid. If the work is defective or delayed, a **penalty** is levied under the contract' | ||
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| + | Every one of these records — work-order, MB entries, material bills, completion certificate, | ||
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| + | ===== The 2026 update you must know about ===== | ||
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| + | Two developments make 2026 the right moment to file. | ||
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| + | First, **PMGSY-III has been extended and expanded.** On **18 April 2026** the Union Cabinet approved continuation of PMGSY-III beyond March 2025 up to **March 2028** (with bridges in hilly areas extended to March 2029), at a revised outlay of **Rs.83,977 crore** — Central share Rs.54,848 crore and States Rs.29,129 crore, with the Centre funding 60 per cent generally and 90 per cent in North-East and hilly states. As of December 2025, **1,22,393 km had been sanctioned and 1,01,623 km (83 per cent) constructed**. A successor, **PMGSY-IV**, | ||
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| + | Second, the **proactive-disclosure obligation** on road works has hardened. Under **Section 4(1)(b)** of the RTI Act read with the **DoPT Office Memorandum dated 15 April 2013**, every public authority must suo motu publish, for procurement above **Rs.10 lakh**, the tender enquiries, the bid awards, the supplier or contractor names, the awarded rates, and the total contract amounts. For most road-repair works this threshold is crossed, which means the work-order, the contractor identity, and the sanctioned amount should already be on the authority' | ||
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| + | ===== Step-by-step: | ||
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| + | - **Step 1 — Identify the road and its authority.** Walk the stretch. Photograph every pothole and damaged patch with a date stamp and a geo-tagged location pin. Note any work-site display board (the Bombay High Court PIL mandated display boards at repair sites giving the agency name, work extent, and deadline; analogous boards are required in many states). Then fix the jurisdiction: | ||
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| + | - **Step 2 — Draft your questions.** Ask for named, dated records, not " | ||
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| + | - " | ||
| + | - " | ||
| + | - " | ||
| + | - " | ||
| + | - " | ||
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| + | - **Step 3 — Use the right form and fee.** Under the **RTI Rules, 2012 (G.S.R. 603(E) notified 31 July 2012)**, the central application fee is **Rs.10**, payable by Indian Postal Order, court-fee stamp, or cash against receipt at the PIO counter. For **NHAI / MoRTH / CPWD** applications, | ||
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| + | - **Step 4 — Submit and keep proof.** File by hand and take a stamped receiving copy, or send by registered post and keep the acknowledgement, | ||
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| + | - **Step 5 — Wait 30 days.** The PIO must reply within **30 days** under **Section 7(1)** (48 hours where life or liberty is at stake — a road that has already caused injury may qualify, and you should say so in the application). If no reply arrives, the clock for a First Appeal begins the day after the 30-day deadline. | ||
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| + | Use the **AI RTI draft app** at https:// | ||
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| + | ===== Documents to attach ===== | ||
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| + | - Photocopies or printouts of photographs of the potholes or damaged stretch, with date and geo-tag (not mandatory, but it makes the application concrete and hard to dismiss). | ||
| + | - A simple sketch or map showing the start and end points of the stretch and nearby landmarks. | ||
| + | - Copies of any earlier civic complaints and their acknowledgement numbers (helpline, municipal app, PWD grievance portal). | ||
| + | - A copy of any work-site display board photograph, if available — the contractor name and deadline on the board are your strongest evidence. | ||
| + | - A BPL certificate, | ||
| + | - The fee payment proof — IPO receipt, court-fee stamp, cash counter receipt, or the online payment reference number. | ||
| + | |||
| + | ===== Common mistakes to avoid ===== | ||
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| + | - **Filing to the wrong authority.** A municipal road sent to NHAI, or a state highway sent to the Municipal Commissioner, | ||
| + | - **Asking vague questions.** "Give me road repair details" | ||
| + | - **Letting the PIO hide behind " | ||
| + | - **Accepting " | ||
| + | - **Forgetting the defect-liability period.** Most road contracts carry a defect-liability clause of one to two monsoons after completion. If the repair has already failed within that period, ask whether the contractor was called back and whether penalty was levied — not just whether the work was " | ||
| + | - **Not escalating.** A silent PIO is not the end. First Appeal under Section 19(1), then Second Appeal under Section 19(3), then penalty under Section 20(1) — the ladder exists precisely for this. | ||
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| + | ===== Real-life example ===== | ||
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| + | <WRAP center round box> | ||
| + | **Sunita R. — Kothrud ward, a municipal corporation city in western Maharashtra** | ||
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| + | In July 2025, Sunita, a schoolteacher, | ||
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| + | On 5 October 2025 she filed an RTI to the **CPIO, Office of the Municipal Commissioner, | ||
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| + | The PIO replied on 28 October 2025, within the 30-day limit, disclosing that a work-order for Rs.4,82,000 had been issued on 14 August 2025 to a named contractor with a deadline of 10 September 2025 — a deadline already missed. The last inspection, dated 20 September, noted "work not commenced." | ||
| + | </ | ||
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| + | ===== Sample RTI letter ===== | ||
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| + | < | ||
| + | To: The Central Public Information Officer | ||
| + | Office of the Executive Engineer, [Division] PWD Circle | ||
| + | [or: Office of the Municipal Commissioner, | ||
| + | [City, State — PIN] | ||
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| + | Subject: Application under Section 6(1) of the Right to Information Act, 2005 — | ||
| + | Road repair status of [road name, locality, landmarks] | ||
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| + | Sir/Madam, | ||
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| + | I, [your name], citizen of India, request the following information under | ||
| + | Section 6(1) of the RTI Act, 2005, relating to the stretch of [road name] | ||
| + | between [landmark A] and [landmark B], approximately [length] metres: | ||
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| + | 1. The classification of the said road (NH / SH / MDR / city road / rural | ||
| + | road) and the name, designation and address of the officer responsible | ||
| + | for its maintenance. | ||
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| + | 2. A certified copy of the repair work-order issued for this stretch in the | ||
| + | last 24 months, with date, sanctioned amount, scope of work, and | ||
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| + | 3. The name, registered address, GSTIN and PAN of the contractor or agency | ||
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| + | 4. The date and findings of the last departmental inspection of this | ||
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| + | and the relevant Measurement Book entries. | ||
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| + | 5. The penalty, if any, levied on the contractor for delay or defective | ||
| + | work, with the amount, the contract clause invoked, and the order date; | ||
| + | if no penalty has been levied, the reasons therefor. | ||
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| + | I declare that the information sought is not exempt under Section 8 or | ||
| + | Section 9 of the RTI Act, 2005. The larger public interest in disclosure | ||
| + | of road-repair records is self-evident, | ||
| + | public thoroughfare in a damaged condition affecting the safety of | ||
| + | commuters; accordingly, | ||
| + | 8(1)(j) is claimed, I request disclosure under Section 8(2) of the Act. | ||
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| + | The information may be furnished in printed/ | ||
| + | pay the further fee as prescribed under the RTI Rules, 2012 (G.S.R. 603(E)) | ||
| + | for photocopies at Rs.2 per page and inspection at Rs.5 per hour beyond the | ||
| + | first free hour, subject to Section 7(5) as applicable. | ||
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| + | Fee of Rs.10 is paid herewith by [Indian Postal Order / court-fee stamp / | ||
| + | cash against receipt / online payment reference no. ...]. | ||
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| + | Date: [dd.mm.yyyy] | ||
| + | Place: [city] | ||
| + | </ | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== Which authority do I file to if I am not sure whether my road is a city road or a state highway? ==== | ||
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| + | File to the office you believe is responsible, | ||
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| + | ==== Can the PIO refuse on the ground of commercial confidence of the contractor? ==== | ||
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| + | Section 8(1)(d) protects commercial confidence, trade secrets and intellectual property, but **Section 8(2)** mandates disclosure wherever there is larger public interest that outweighs the harm. A neglected public road is a clear case of public interest. The Central Information Commission, in the **Rahul Sharma v. PIO, Executive Engineer, PWD GNCTD** order of 5 January 2018 (lead case CIC/ | ||
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| + | ==== What if the road has already caused an accident or injury? ==== | ||
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| + | Two things change. First, the **48-hour reply rule under Section 7(1)** may apply, since life and liberty are at stake — state this explicitly in your application. Second, the Bombay High Court in **High Court On Its Own Motion v. State of Maharashtra (PIL Criminal No. 71 of 2013)**, final judgment delivered on 24 February and 12 April 2018, held that a citizen who suffers injury or death due to the negligent condition of a road may seek compensation as a **public-law remedy for infringement of Article 21**, and that every road authority — municipal corporation, | ||
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| + | ==== How do I file online for a national highway? ==== | ||
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| + | Go to **rtionline.gov.in**, | ||
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| + | ==== Is the contractor' | ||
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| + | No. Bank account numbers and other purely personal financial particulars of the contractor are protected under **Section 8(1)(j)**. However, the **company or firm name, registered address, GSTIN and PAN** are not personal information in the same sense and remain disclosable — they are the identity of a public contractor performing a public work. The CIC has repeatedly drawn this distinction. | ||
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| + | ==== What if I get no reply at all within 30 days? ==== | ||
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| + | File a **First Appeal under Section 19(1)** to the First Appellate Authority — typically the **Executive Engineer or Chief Engineer** for PWD, or the **Additional Municipal Commissioner** for a corporation — within 30 days of the expiry of the reply period. The FAA must decide within 30 days, extendable to 45. If the FAA also fails, file a **Second Appeal under Section 19(3)** to the **State Information Commission** for state and municipal roads, or the **Central Information Commission** for NHAI and central works, within 90 days. You can also seek a **penalty up to Rs.25,000 on the PIO under Section 20(1)** for refusal or mala fide delay, and directions under **Section 19(8)(a)** for the authority to retain records and publish suo motu. Draft and track your appeal with the **first-appeal app** at https:// | ||
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| + | ==== Can I ask for the Measurement Book entries and material bills? ==== | ||
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| + | Yes. The Rahul Sharma CIC order expressly held that **Material on Site Register entries, material procurement bills, Measurement Book entries, completion certificates, | ||
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| + | ==== Is there a fee exemption for poor applicants? ==== | ||
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| + | Yes. Under **Section 7(5)** of the RTI Act read with **Rule 5** of the RTI Rules, 2012, applicants **Below Poverty Line** are exempt from the application fee and from the cost of photocopies, | ||
| + | |||
| + | ==== Do I need a lawyer to file this RTI? ==== | ||
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| + | No. The RTI Act was designed for direct citizen use. The sample letter above, the five-question structure, and the escalation ladder are all you need. The [[rti-for-ignored-complaint]] guide covers the related case where a civic complaint is already pending and you want to force action on it; the [[rti-for-beginners]] guide covers the basics of the Act for first-time filers. | ||
| + | |||
| + | ==== Can I also voice-file the RTI if I cannot write? ==== | ||
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| + | Yes. You can dictate your RTI application to the Public Information Officer at the office counter and have it recorded in writing, or use the **Awaaz RTI** tool at https:// | ||
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| + | ===== Sources ===== | ||
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| + | - Right to Information Act, 2005 — full text (Sections 4, 6, 7, 8, 10, 19, 20): [indiankanoon.org](https:// | ||
| + | - RTI Rules, 2012 (G.S.R. 603(E) notified 31 July 2012) — fee and costs: [niti.gov.in](https:// | ||
| + | - Central RTI online portal — filing and FAQ: [rtionline.gov.in](https:// | ||
| + | - DoPT Office Memorandum dated 15 April 2013 — suo motu disclosure of procurement above Rs.10 lakh: [cic.gov.in](https:// | ||
| + | - CIC order — Rahul Sharma v. PIO, Executive Engineer, PWD GNCTD (11 clubbed matters), decided 5 January 2018, lead case CIC/ | ||
| + | - Bombay High Court — High Court On Its Own Motion v. State of Maharashtra and Others, PIL (Criminal) No. 71 of 2013 (suo motu potholed-roads PIL; final judgment 24 February and 12 April 2018): [indiankanoon.org](https:// | ||
| + | - PMGSY / NRIDA — scheme progress and state-wise works dashboard: [pmgsy.nic.in](https:// | ||
| + | - PIB — Union Cabinet approves continuation of PMGSY-III up to March 2028, revised outlay Rs.83,977 crore (18 April 2026): [pib.gov.in](https:// | ||
| + | - National Highways Authority of India Act, 1988 and NHAI RTI / PIO list: [nhai.gov.in](https:// | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | - [[rti-for-highway-construction-status|RTI for national highway construction status]] | ||
| + | - [[rti-for-bridge-construction-delay|RTI for bridge construction delay]] | ||
| + | - [[rti-for-flyover-status|RTI for flyover status]] | ||
| + | - [[rti-for-streetlight-non-functional|RTI for non-functional streetlights]] | ||
| + | - [[rti-for-drainage-clogged|RTI for clogged drainage]] | ||
| + | - [[rti-for-encroachment-action|RTI for road encroachment action]] | ||
| + | - [[rti-for-ignored-complaint|RTI when a civic complaint is ignored]] | ||
| + | - [[rti-for-municipal-tax-receipt|RTI for municipal tax receipt]] | ||
| + | - [[rti-for-beginners|RTI for beginners]] | ||
| + | |||
| + | //Last reviewed: 4 July 2026.// | ||
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| + | {{tag> | ||