File RTI for Illegal Construction Online

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Illegal construction refers to building activity performed without proper permits, sanctioned plans, or in violation of local zoning, safety, and land-use regulations. It includes unauthorized structures, encroaching on public land, or modifying approved plans. Such constructions can lead to demolition, fines, and legal liability.

Common Examples of Illegal Construction:

1. Building Without Permits: Constructing structures, including temporary ones, without obtaining required approvals from local municipal authorities.
2. Deviations from Sanctioned Plans: Adding extra floors, changing the building’s footprint, or altering the approved, structural design
3. Encroachment: Building on public land, government property, or infringing upon adjacent private property.
4. Land Use Violations: Constructing commercial properties in residential zones or building on prohibited land, such as lakebeds or forest buffers.
5. Violation of Building Codes: Ignoring regulations regarding fire safety, structural stability, or mandatory open spaces

The Right to Information (RTI) Act, 2005 is a powerful tool to verify if a building in your neighbourhood is legal or to hold municipal authorities accountable for inaction

What we can ask under RTI ( Information You Can Seek via RTI ) : When filing an RTI regarding suspected illegal construction, you can request specific, existing records such as:

• Sanctioned Plans: Certified copies of the approved building plan and sanctioned floor space index (FSI).
• Permits & Certificates: Copies of the Commencement Certificate (permission to start work) or Occupancy Certificate.
• Inspection Reports: Details of inspections conducted by the Municipal Corporation and any violations noted.
• Action Taken: Records of any notices issued or demolition orders passed against the property.
• Officer Details: Names and designations of the officers responsible for monitoring construction in that specific ward.

Identify the Public Authority: For most urban areas, this is the Municipal Corporation (e.g., BMC, MCD, GHMC). For rural areas, it may be the Zila Parishad or PWD.

The Delhi High Court has ruled that information regarding unauthorised construction cannot be denied under the "third-party information" clause (Section 11), as these records are gathered by authorities in their official capacity and relate to public safety/bylaw violations

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