RTI for Illegal Construction Complaint Status

Use this guide if (a) you complained about an unauthorised structure, encroachment, illegal commercial use or violation of FAR, and nothing has happened; (b) a show-cause was issued but no order followed; © a demolition order was passed but not executed; (d) you want the bye-law clause under which a structure is being permitted; (e) the corporation says “matter sub judice” without giving the case reference.

• Constitution, 74th Amendment and Twelfth Schedule, urban planning and regulation of land use.
• State Town and Country Planning Acts and Building Bye-Laws / Master Plans.
• State Municipal Corporation Acts with sections on unauthorised construction, eg Delhi Municipal Corporation Act 1957 Sections 343-345.
• Real Estate (Regulation and Development) Act 2016, for promoter-side breach.
• RTI Act 2005, Sections 6 and 7(1).
• Environment (Protection) Act 1986 for ecologically sensitive areas.

The Supreme Court in Esha Ekta Apartments v Municipal Corporation, Mumbai (2013), Friends Colony Development Committee v State of Orissa (2004) and several other rulings has held that unauthorised construction is illegal per se and citizens have an enforceable interest in disclosure of enforcement records.

1. Identify the right PIO. Municipal Corporation Engineer (Enforcement) or the Development Authority's Vigilance / Enforcement Cell; for environmentally sensitive zones, also the State Pollution Control Board.
2. Pin the complaint. Complaint number, date of filing, address of the structure, ward number, plot reference if known.
3. Use proactive disclosure. Many corporations publish a list of unauthorised constructions and demolition orders under Section 4(1)(b). Quote the URL.
4. Draft the RTI asking for the complaint registration entry, inspection report, show-cause notice, hearing minutes, order, present file location and SOP.
5. Pay ₹10 fee through online RTI or IPO.
6. Wait 30 days then escalate.

To,
The Public Information Officer,
Office of the [Municipal Commissioner / Development Authority Commissioner / Town Planning Department], [City]
[Full address]

Subject: RTI under Section 6 regarding complaint dated [DD/MM/YYYY] against unauthorised construction at [Address], Ward [No.], Plot [No.]

Sir / Madam,

I, [Full name], a citizen of India, resident of [Address], request the following under the RTI Act 2005. Fee of Rs. 10 paid online / by IPO.

In respect of complaint dated [DD/MM/YYYY], complaint number [if assigned], regarding unauthorised construction / change of use at [exact address, ward number, plot number, latitude / longitude if known]:

1. Date and entry number of registration of the complaint in your office.
2. Date of inspection by the Junior Engineer / Assistant Engineer; copy of the inspection report.
3. FAR / coverage / setback breach found, with reference to the Building Bye-Laws and Master Plan.
4. Show-cause notice issued under Section [number] of the [state Act], with date and proof of service.
5. Hearing minutes, including representation made by the owner.
6. Order passed (regularisation / fine / demolition), with date and signatory.
7. Date of demolition / sealing, if executed; reasons recorded if not executed.
8. Status of any litigation, including writ petition / appeal number, court and stay order.
9. Present location of the file and the present custodian.
10. Standard Operating Procedure for unauthorised construction enforcement in 2026.

I invoke Section 10 (severability), personal data of the complainant or owner may be redacted, but the procedural records must be supplied. I undertake to pay further fee under Section 7(3).

Yours faithfully,
[Signature, name, date]

• Filing without complaint number. Always carry the receipt of the complaint when you file the RTI.
• Asking for demolition. PIO cannot demolish. Ask for records, then pursue the Commissioner / Town Planning Department for action.
• Mixing private property dispute with public enforcement. RTI can give you the public records; private title disputes go to civil court.
• Forgetting environment. In ecologically sensitive zones (forest, coastal, eco-sensitive), file a parallel RTI to the State Pollution Control Board and the Forest Department.
• Court “sub judice” excuse. PIO can withhold only what Section 8 actually exempts; ask for the case number so you can verify the stay scope.

• No reply in 30 days → First Appeal under Section 19(1).
• Departmental → Vigilance complaint with the corporation; State Town and Country Planning Department.
• NGT for environment violations.
• Writ in High Court for prolonged inaction; many High Courts have ordered time-bound demolition where corporations have refused to act.

Most corporations target 30 to 90 days from complaint to order. Demolition itself depends on hearing and appeal cycles. Beyond six months without action is a delay you can litigate.

Only if there is a stay specifically barring disclosure. Otherwise, the records up to the date of stay are disclosable. Ask for the case number to verify.

That is encroachment. RTI to the land-owning department (Revenue, Forest, Railway, NHAI) plus the corporation.

Regularisation is only valid where the state Act expressly permits, with conditions and fee. Ask for the regularisation order and the basis if granted.

Yes, Section 10 allows redaction of complainant identity for safety; but the procedural records must be supplied.

That is “change of use” and is regulated by the Master Plan. Same RTI route applies.

Yes, RERA register is public; for individual project files RTI to the State RERA.

• Ministry of Housing and Urban Affairs: mohua.gov.in
• Town and Country Planning Organisation: tcpo.gov.in
• State Real Estate Regulatory Authority: refer to your state RERA portal
• National Green Tribunal: greentribunal.gov.in
• RTI Online: rtionline.gov.in

Last reviewed: 9 May 2026.

• AI RTI Drafter
• Guide hub
• How to file an RTI application
• RTI for municipal works
• RTI vs complaint
• RTI for land mutation delay
• First Appeal procedure

RTI for illegal construction — complete guide on checking the status and filing complaints:

1. Step 1: What is illegal construction? (a) illegal construction includes: (i) construction without the building permission/approval — from the Municipal Corporation or the Panchayat, (ii) construction in violation of the approved plan — like extra floors, setback violation, or coverage violation, (iii) construction on the government land — or the public land — without the allotment, (iv) construction in the regulated zones — like the CRZ (Coastal Regulation Zone), the forest area, or the water body buffer, (v) construction without the occupancy certificate — after the completion, (b) the consequences: (i) the Municipal Corporation — can issue a stop-work notice — and a demolition notice, (ii) the Municipal Corporation — can seal the building — and disconnect the water and electricity, (iii) the builder/owner — can be prosecuted — under the Municipal Act — and the Building Bylaws, (iv) the illegal construction — can be demolished — at the owner's cost.
2. Step 2: How to check the construction status through RTI. (a) file RTI with the Municipal Corporation (or the Panchayat) asking for: (i) the building permission: “Provide the building permission — for the property — at [address] — including: (a) the permission number, (b) the date, © the approved plan, (d) the conditions, (e) the validity”, (ii) the occupancy certificate: “Provide the occupancy certificate — for the property — at [address] — including: (a) the certificate number, (b) the date, © the inspection report, (d) the conditions”, (iii) the complaints: “Provide the complaints — against the property — at [address] — for illegal construction — including: (a) the complaint numbers, (b) the dates, © the action taken, (d) the status”, (iv) the notices: “Provide the stop-work notices — and the demolition notices — issued for the property — at [address] — including: (a) the notice numbers, (b) the dates, © the compliance — or the non-compliance”, (v) the sanctioned plan: “Provide the sanctioned building plan — for the property — at [address] — for comparison — with the actual construction”, (b) the PIO must respond — within 30 days — and provide the records — or refuse — with the reason.
3. Step 3: How to file a complaint against illegal construction. (a) Step 1 — complain to the Municipal Corporation: file a complaint — with: (i) the Ward Office, (ii) the Zonal Office, (iii) the Commissioner, (iv) the online portal — or the app — of the Municipal Corporation, (b) Step 2 — provide the evidence: attach: (i) the photos — of the illegal construction, (ii) the address — and the survey number, (iii) the details — of the violation — like extra floor, setback violation, or CRZ violation, © Step 3 — follow up: if the Municipal Corporation — does not act — within 30 days — file RTI — asking for the complaint status — and the action taken, (d) Step 4 — escalate: if the Municipal Corporation — still does not act — escalate to: (i) the Urban Development Department, (ii) the District Collector, (iii) the Lokayukta — for the corruption — in the approval, (e) Step 5 — approach the court: file a writ petition — in the High Court — under Article 226 — for the demolition — of the illegal construction — and the court can direct — the Municipal Corporation — to demolish.
4. Step 4: Key Supreme Court and High Court orders on illegal construction. (a) the Supreme Court — in the Delhi Development Authority vs Skipper Construction Co. (1996) — held that: (i) the illegal construction — must be demolished — without exception, (ii) the Municipal Corporation — has a duty — to demolish — and cannot regularize — the illegal construction — without the law, (iii) the court — cannot direct the regularization — of the illegal construction — because it encourages — the illegal construction, (b) the Supreme Court — in the Municipal Corporation of Greater Mumbai vs Pyarali K. Tejani (1974) — held that: (i) the Municipal Corporation — must act — against the illegal construction — promptly, (ii) the delay — in the demolition — is a dereliction of duty, (iii) the Municipal Corporation — can be compelled — by the court — to demolish, © the High Courts — have consistently held — that the illegal construction — in the CRZ — and the water body buffer — must be demolished — without exception — and the environmental clearance — is mandatory.
5. Step 5: File RTI on the Municipal Corporation's action. File RTI with the Municipal Corporation asking for: (a) the action: “Provide the action taken — on the complaint — filed on [date] — against the illegal construction — at [address] — including: (i) the inspection report, (ii) the notice issued, (iii) the demolition order, (iv) the status”, (b) the officials: “Provide the names — and the designations — of the officials — who inspected the property — at [address] — and the dates — of the inspection”, © the files: “Provide the file notings — on the complaint — against the illegal construction — at [address] — including: (i) the notes of the officers, (ii) the decisions, (iii) the correspondence”, (d) the policy: “Provide the policy — on the regularization — of the illegal construction — in [city] — including: (i) the criteria, (ii) the fee, (iii) the cut-off date, (iv) the exceptions”, (e) the CRZ: “Provide the CRZ clearance — for the property — at [address] — including: (i) the clearance number, (ii) the date, (iii) the conditions, (iv) the compliance report”.
6. Step 6: Sample RTI application for illegal construction. “To, the PIO, Municipal Corporation of [city]. Subject: Application under RTI Act, 2005 — for illegal construction status. Sir, I request the following information — under Section 6(1) of the RTI Act, 2005: (i) Provide the building permission — for the property — at [address] — or state that no permission — was granted, (ii) Provide the occupancy certificate — for the said property — or state that no certificate — was issued, (iii) Provide the complaints — against the said property — for illegal construction — and the action taken, (iv) Provide the stop-work notices — and the demolition notices — issued for the said property. I am paying the application fee of Rs 10 — by IPO. Yours faithfully, [Name, Address].”
7. Step 7: Practical tips. (a) file RTI before complaining (file RTI — to get the building permission — and the sanctioned plan — before filing the complaint — to have the evidence), (b) take photos (take clear photos — of the illegal construction — showing the violation — like the extra floor — or the setback violation), © cite the Supreme Court orders (cite the Supreme Court orders — in the complaint — to pressure the Municipal Corporation — to act), (d) escalate (if the Municipal Corporation — does not act — escalate to the Urban Development Department — and the court), (e) Example: A resident — filed RTI — with the Municipal Corporation — asking for the building permission — for a neighbouring property — the RTI reply showed — that no permission — was granted — the resident filed a complaint — with the photos — and the RTI reply — the Municipal Corporation — issued a stop-work notice — and a demolition notice — the builder — demolished the illegal floor — within 30 days.

See Illegal Construction RTI and Land RTI.