Table of Contents

RTI for Illegal Construction Complaint Status

Every municipal corporation, development authority and town and country planning department maintains an Enforcement Cell for unauthorised construction. A citizen complaint must lead to an inspection, a show-cause notice, an order under the relevant bye-laws, and (if not regularised) a demolition. An RTI under Section 6 of the RTI Act 2005 to the corporation / authority asking for the inspection report, show-cause notice, hearing minutes, demolition order and present file location normally moves a stuck complaint within 30 days.

When to use this guide

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.

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.

Step-by-step process

  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.

Format / template

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]

Common mistakes

Appeal or next step

FAQs

How long should an enforcement complaint take?

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.

Can the corporation refuse on grounds of "case in court"?

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.

What if the construction is on government land?

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.

Can the complainant's name be redacted?

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

What about an illegal commercial unit in a residential area?

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

Can builder's RERA registration be checked?

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

Sources

Last reviewed: 9 May 2026.