RTI for NHAI: Toll, Highway Quality, and Land Acquisition

National highways touch nearly every aspect of Indian economic and civic life — transporting goods, connecting hospitals, carrying migrant workers, enabling the logistics networks that supply cities. When a toll plaza overcharges, when a highway surface degrades into a dangerous stretch within weeks of inauguration, when land acquired for a project is not compensated at the rates required by law, or when a construction project falls years behind schedule without explanation, the institutions responsible for these failures — NHAI, MoRTH, and their concessionaires — hold the records that document exactly what happened and who is responsible.

The Right to Information Act, 2005 gives every citizen a direct mechanism to access those records. This guide explains how to use RTI effectively with NHAI, the Ministry of Road Transport and Highways, and related bodies — covering toll disputes, road quality, land acquisition, concession agreements, and project status.

Public Authorities in the National Highway Ecosystem

Understanding which organisation to file with is the first step.

National Highways Authority of India (NHAI) is a statutory body established under the National Highways Authority of India Act, 1988, under the Ministry of Road Transport and Highways (MoRTH). NHAI builds, operates, and maintains national highways on the Golden Quadrilateral, North-South-East-West Corridor, and thousands of kilometres of NH. It is a public authority under Section 2(h) of the RTI Act. Second appeal goes to the CIC.

Ministry of Road Transport and Highways (MoRTH) is the Central Government ministry that has overall charge of national highways, motor vehicles, transport policy, and road safety. MoRTH is the parent ministry for NHAI and also directly executes some NH projects. It is a Central Government department — public authority, second appeal to CIC.

NHIDCL (National Highways and Infrastructure Development Corporation) handles NH construction in the North-Eastern states and Union Territories of Jammu & Kashmir and Ladakh. It is a Central Government PSU — public authority, second appeal to CIC. RTI to NHIDCL follows the same pattern as RTI to NHAI for project-specific matters.

Public Works Department (PWD): State highways and district roads are the responsibility of each state's PWD. RTI to PWD goes to that state's State Information Commission, not the CIC. Do not confuse state roads with national highways — they have different responsible authorities.

Concessionaires / contractors: Private companies that build or operate highways under NHAI's Public-Private Partnership (PPP) agreements are not public authorities under Section 2(h). However, their performance obligations, contract terms, and compliance records are held by NHAI — and those are accessible via RTI to NHAI.

The application fee is ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. BPL cardholders are exempt under Section 7(5). The CPIO must respond within 30 days under Section 7(1). RTI can be filed online at rtionline.gov.in (Ministry: Road Transport & Highways; Department: NHAI).

Use Case 1: Toll Overcharging — Notified Rate Verification

Every toll plaza on a national highway collects fees at rates notified in an official Government of India gazette notification. Overcharging — charging a higher rate than notified, charging for a vehicle category incorrectly, refusing to apply the monthly pass or concession — is an unlawful act. RTI to NHAI establishes the legally notified toll rate.

RTI to CPIO, NHAI Project Implementation Unit / Head Office:

"1. The notified toll rate applicable for vehicle category: car / LCV / bus / truck / 3-axle commercial vehicle / MAV, as applicable at the toll plaza at toll plaza name / NH number / location as per the latest applicable fee notification issued under the National Highways Fee (Determination of Rates and Collection) Rules, 2008. 2. The gazette notification number and date of the fee notification currently in force for this toll plaza. 3. Whether a complaint for overcharging at toll plaza name on date bearing reference number X was registered and the action taken on that complaint. 4. The name of the concessionaire or operator responsible for collecting toll at this plaza and the agreement period."

Armed with the notified rate and a record that a complaint was filed, you have the foundation for a consumer forum complaint, a complaint to MoRTH, or a writ petition in the High Court if the overcharging is systematic.

Use Case 2: FASTag Double Deduction or Incorrect Deduction

FASTag, the RFID-based electronic tolling system, became mandatory on all national highway toll plazas from February 2021. Double deductions, deductions without transit (toll plaza equipment malfunction), wrong vehicle category classification, and non-receipt of refunds are the most common FASTag grievances.

RTI to CPIO, NHAI (the National Electronic Toll Collection / NETC system is managed through NHAI's FASTag operations):

"1. The complete deduction record at toll plaza name / NH number for vehicle bearing registration number X / FASTag wallet / tag ID Y on date at approximately time. Specifically, whether one or two deductions were logged against this vehicle registration at this plaza in this time window. 2. If a double deduction or incorrect deduction was logged: the reason for the duplicate/incorrect charge. 3. Whether a refund for this deduction has been initiated and, if so, the date, amount, and transaction reference of the refund. 4. The name of the toll operating agency / concessionaire at toll plaza name and the escalation mechanism available to a FASTag user for disputes at this plaza. 5. The mechanism and timeline prescribed by NHAI for refund of incorrect FASTag deductions."

For immediate resolution, also approach your FASTag-issuing bank (NPCI's NETC portal). RTI supplements — and documents — that process.

Use Case 3: Road Quality — Contractor Maintenance Obligations

National highways under NHAI's PPP/EPC contracts come with maintenance obligations. For Build-Operate-Transfer (BOT) projects, the concessionaire is responsible for maintenance throughout the concession period. For Hybrid Annuity Model (HAM) and EPC contracts, NHAI is responsible post-construction. When road surfaces deteriorate rapidly after completion or maintenance, RTI can identify who is contractually responsible and whether they have been held accountable.

RTI to CPIO, NHAI Project Implementation Unit (the PIU having jurisdiction over the relevant NH stretch):

"1. The name and contact details of the concessionaire / contractor responsible for the maintenance of NH number at chainage X km to Y km (location: district, state). 2. The maintenance standard and surface quality standard prescribed in the concession agreement / maintenance contract for this stretch, including the permissible International Roughness Index (IRI) and the defect liability period. 3. Whether any quality inspection or performance audit has been conducted for this stretch in the period date range, and the findings of such inspection. 4. Whether any show-cause notice or penalty has been imposed on the concessionaire/contractor for sub-standard maintenance of this stretch, and the amount of penalty, if any. 5. The maintenance complaint reference number for complaint X filed by name or organisation on date, and the action taken."

Use Case 4: Accident Hotspot Data and Road Safety

India has among the highest rates of highway fatalities in the world. NHAI and MoRTH collect data on accident locations, road safety audits, and the corrective measures recommended. This data is essential for public interest litigation, journalism, and advocacy.

RTI to CPIO, NHAI Project Implementation Unit / Road Safety Cell:

"1. The number of road accidents reported at or near the location at chainage X km on NH number (near town/village name) during the period month-year to month-year, as recorded with or reported to NHAI. 2. Whether a road safety audit has been conducted for this location, and if yes, the date and the findings of the audit. 3. The action taken or recommended to address the road safety hazard at this location, including any speed reduction measures, crash barriers, signage, rumble strips, or junction improvement works. 4. The agency responsible for implementing the safety improvements and the target date for implementation. 5. Whether this location has been flagged as an accident black spot (defined as a location with more than 5 accidents or 10 deaths in any calendar year) in the NHAI or MoRTH black spot database."

This information has been used by families of accident victims in litigation, and by civil society groups to press for improvements on dangerous stretches before further tragedies occur.

Use Case 5: NH Land Acquisition — Compensation and Award

National highway land acquisition is carried out under the National Highways Act, 1956 (NHA) — a special statute that runs parallel to the RFCTLARR Act, 2013 for NH land. Compensation is determined by the Competent Authority (CA) appointed by the Central Government. Landowners and displaced families frequently complain that they do not know the rates being applied, the total area being acquired, or whether an Award has been passed for their specific plot.

RTI to the Competent Authority, National Highways (posted at the District level for the relevant acquisition):

"1. The compensation rate per acre / per square metre / per bigha fixed for land acquisition for NH number project in village name, tehsil, district under the notification issued under Section 3A / 3D of the National Highways Act, 1956, or under the RFCTLARR Act, 2013, as applicable. 2. Whether the Award under the National Highways Act / RFCTLARR Act has been passed for survey number / khasra number X / Dag number X in village Y. 3. If the Award has been passed: the total area of land acquired from survey number X, the name of the recorded owner, and the total compensation amount awarded. 4. The date on which the Award was passed and whether the compensation has been paid or deposited with the court, and on which date. 5. Whether any enhancement application has been filed for land in this village before the relevant court, and the status of such proceedings."

For disputes over the rate: the NHA and RFCTLARR Act both provide for reference to the District Court / High Court for enhanced compensation. RTI-obtained Award details are routinely used as exhibits in these proceedings.

Use Case 6: Concession Agreement — Public Document Access

NHAI's concession agreements with private developers and operators are public documents — they are contracts signed by a public authority obligating public resources and public highways. Their disclosure is supported by the RTI Act's principle of maximum transparency and the Supreme Court's consistent position that public contracts are not trade secrets merely because one party is private.

RTI to CPIO, NHAI:

"1. A certified copy of the provisions relating to maintenance obligations, performance standards, and penalty clauses (specifically Section/Article X and Y) of the Concession Agreement between NHAI and concessionaire name for the project name / NH section project signed on approximately date. 2. The total project cost and the concession period under this agreement. 3. Whether any amendment to the Concession Agreement has been executed since the original agreement, and if so, the date and subject of each amendment."

NHAI may initially resist full disclosure of concession agreements citing Section 8(1)(d) (commercial confidence). Challenge this position vigorously in your First Appeal: NHAI's obligations under the concession agreement are public obligations, and the commercial sensitivity argument does not extend to the regulatory and maintenance obligations that affect highway users and the public.

Use Case 7: Highway Project Status and Delay

Large highway projects routinely exceed their scheduled completion dates by years, with cost overruns running into thousands of crores. Citizens, particularly those in affected regions, have a right to know why. RTI to NHAI can establish the record of delay, the claimed reasons, and whether any accountability has been sought from the contractor.

RTI to CPIO, NHAI Project Implementation Unit / Head Office:

"1. The current status of project name / DPR number / project ID on NH number in district, state. 2. The original scheduled date of completion (PCOD — Provisional Certificate of Completion) and any subsequent revised dates of completion. 3. The reasons given by the concessionaire / contractor for delay beyond the original PCOD, and NHAI's assessment of those reasons. 4. Whether liquidated damages (LDs) or any penalty for delay have been levied on the contractor/concessionaire and, if yes, the total amount levied and the amount recovered. 5. The current stage of construction — the percentage completion as certified by the Independent Engineer (IE) as of date — for the following components: list major civil works e.g., earthwork, structure, pavement, bridges."

Use Case 8: Wayside Amenities and Facilities

NHAI has a programme for developing Wayside Amenities (WSAs) — fuel stations, restaurants, medical aid posts, rest areas, and truck rest areas — along national highways at specified intervals. RTI can establish whether an amenity has been approved and who operates it.

RTI to CPIO, NHAI:

"1. Whether a Wayside Amenity (WSA) has been approved for development at or near chainage X km on NH number in location. 2. The name of the party to whom the WSA development or operation contract was awarded, the date of award, and the contract period. 3. Whether the WSA is currently operational, and if not, the reason for non-operation and the expected commissioning date."

What to Expect from NHAI's RTI Response

NHAI has a centralised RTI cell at its Head Office in New Delhi (Dwarka), and PIUs at the project level. For project-specific information (road quality, land acquisition, project status, specific toll plazas), the PIU is the better first target — they hold the granular project records. For policy-level information (fee notification rates, model concession agreement terms, national black spot data), the Head Office CPIO is appropriate.

NHAI's responses are often more forthcoming on notified toll rates, project milestones, and land acquisition awards than on concession agreement terms or quality inspection reports, where Section 8(1)(d) may be raised. Be prepared to take the First Appeal route on those items.

First Appeal and CIC

If the CPIO does not respond within 30 days or the response is incomplete, file a First Appeal within 30 days with the First Appellate Authority (FAA) within NHAI. If the First Appeal also fails, file a Second Appeal with the CIC under Section 19(3). The CIC can impose a penalty on the CPIO personally of ₹250 per day of delay, up to ₹25,000 under Section 20 of the RTI Act. For systematic non-disclosure (e.g., blanket refusal to disclose concession agreement maintenance provisions), the CIC has power to recommend disciplinary action.

Conclusion

NHAI and MoRTH manage over 1,45,000 km of national highways, trillions of rupees in project investments, and hundreds of thousands of acres of land acquired from Indian farmers and communities. The RTI Act is the citizen's tool to access the records that document how that investment is being spent, whether the roads being built meet contractual standards, whether land acquisition is being conducted lawfully, and whether the authorities responsible are being held accountable when things go wrong.