Encroachment in your area — RTI to file and track removal

Sunita lives in a ward of about two lakh people in a mid-sized Maharashtra town. Outside the municipal park at the end of her lane, a permanent tin-shed shop has slowly grown over the footpath. A few metres away, someone has filled a stretch of the storm-water drain with rubble to build an unauthorised ramp into a new godown. By the third monsoon, the footpath is unusable for the school children who walk to the anganwadi, and three adjoining houses — including Sunita's — flood knee-deep because the drain no longer carries the rain.

She complains on the municipal grievance app. She gets a reference number. Nothing moves for thirty days. She visits the ward office; the clerk says the “anti-encroachment drive” is planned but cannot give a date. A neighbour tells her the shed owner has “some contact” in the office. Sunita does not want a fight. She wants a paper trail — a record that says whether the spot is in the encroachment register, whether any notice was ever issued, and who is responsible.

That paper trail is her right. The Right to Information Act, 2005 lets any citizen demand it. This guide shows exactly how, using only verified provisions of the RTI Act, the municipal Acts, and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as they stand today.

“Encroachment” in plain terms means any structure, fixture, possession or use that has been placed on or extended into public land — a footpath, a street, a drain, a park, a government plot — without lawful authority. The legal power to remove it depends on which land has been encroached upon, and that single fact decides which public authority you must file your RTI to.

Urban municipal land — streets, footpaths, drains, parks. Every state has a municipal Act that gives the Commissioner (in a corporation) or the Chief Officer (in a council/nagar panchayat) the power to remove encroachments. The clearest verified example is the Mumbai (Bombay) Municipal Corporation Act, 1888: Section 312 prohibits any structure or fixture that obstructs a street without the Commissioner's permission; Section 313 deals with deposit of things on streets; Section 313A requires a licence for sale in public places; and Section 314 allows the Commissioner to remove an encroachment, with a discretion to give notice. The proviso to Section 314 lets the person take away personal belongings. Expenses of removal are recoverable under Section 490 as arrears of property tax. The same structure — a Commissioner or Chief Officer with statutory removal power — exists in every state's municipal law. Many cities also run dedicated anti-encroachment drives or cells as the operational arm; these are not separate statutory authorities, so your RTI goes to the Municipal Commissioner / Chief Officer as the PIO-attached public authority.

Central government or public-sector premises. Where the encroached land belongs to the Centre or a public-sector undertaking, the law that applies is the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Act No. 40 of 1971, enacted 23 August 1971). It works through Estate Officers appointed under Section 3. The procedure is statutory and time-bound: Section 4 requires a show-cause notice, with the occupant given seven working days to reply; Section 5 allows an eviction order directing the occupant to vacate within 15 days (a further 15 days only for compelling reasons), with force permissible; Section 5A covers removal of unauthorised constructions on seven days' notice (movables and cattle removable without notice), with cost recoverable as land-revenue arrears; Section 5B is the demolition order on a seven-day show cause; Section 5C permits sealing; Section 7 provides for rent/damages, with compound interest under the 2015 amendment; Section 9 gives an appeal to the District Judge within 12 days; Section 11 sets penalties (unlawful occupation up to six months imprisonment or Rs.5,000 fine or both; re-entry after eviction up to one year or Rs.5,000 or both); Section 14 enables recovery as land-revenue arrears; and Section 15 bars civil court jurisdiction.

Revenue land — rural and most urban government land. Where the land is government or revenue land, the District Collector / Deputy Commissioner (Revenue) is the nodal authority under the state's Revenue Act or Land Revenue Code. File to the Collector's office PIO where the land falls.

Central land in Delhi. For Central government land in Delhi, the administering office is the Land and Development Office (L&DO) under the Ministry of Housing and Urban Affairs (MoHUA), whose Estate Officer acts under the Public Premises Act. The Delhi Development Authority (DDA) is the primary land-owning and caretaker agency for Delhi Zone 'O' (the Yamuna floodplain), with a Special Task Force headed by the DDA Vice-Chairman as the nodal mechanism, under MoHUA policy oversight.

Once you know which authority holds the land, you need to know the steps it is supposed to follow, because every step generates a record you can ask for.

For municipal encroachment, the typical statutory flow is: (1) entry of the spot in the encroachment register maintained ward-wise; (2) inspection by the engineering or building department; (3) a show-cause or removal notice to the occupant under the state municipal Act (in Maharashtra, under Section 314 BMC Act); (4) removal of the encroachment, with expenses recoverable as property-tax arrears (BMC Act Section 490); and (5) a status note recording whether the occupant obtained a stay from any court.

For Central/public-sector premises, the flow under the Public Premises Act 1971 is stricter: (1) a Section 4 show-cause notice, with seven working days to reply; (2) a Section 5 eviction order to vacate within 15 days; (3) where there is unauthorised construction, a Section 5A notice (seven days) followed by removal, or a Section 5B demolition order, or Section 5C sealing; (4) recovery of rent/damages under Section 7; and (5) an appeal to the District Judge under Section 9 within 12 days. Each of these is a dated document. The encroachment register, the notices, the eviction/demolition orders, and the court-stay status are the four records that tell you whether the authority is actually doing its job or quietly sitting on the file.

Two things changed in 2026 that directly help your RTI.

First, in February 2026 the Central Information Commission (CIC) directed the Municipal Corporation of Delhi (MCD) to proactively disclose, under Section 4 of the RTI Act, encroachment information, action reports, rules and policies for the Paharganj area, within a four-week deadline. The order came after an RTI filed in May 2024 went unanswered. This is a useful lever: if you live in a municipal area where encroachment records are not being disclosed, you can cite this CIC directive to argue that proactive disclosure of the encroachment register and action-taken reports is now an enforced expectation, not a favour.

Second, in July 2026 the L&DO Estate Officer served a show-cause notice on the Delhi Gymkhana Club under Section 4(1) read with Section 4(2)(b)(ii) of the Public Premises Act 1971 for its 27.3-acre Safdarjung Road property, after the lease was terminated on 22 May 2026, with a reply deadline of 7 July 2026. The case shows the Public Premises Act being used at the highest level against a high-profile occupant — a reminder that the same statute and the same Estate Officer mechanism is available, in principle, for encroachment on any Central premises.

What does this mean for Sunita? The legal machinery is alive and being used in 2026. That makes now the right time to ask for the records — while the law is being actively applied and the CIC is pushing proactive disclosure.

You will usually file one application, and a second only if the encroachment spans two categories of land.

Step 1 — Identify the public authority.

1. For a street, footpath, drain, park or municipal plot: the PIO, Office of the Municipal Commissioner / Chief Officer of your Municipal Corporation / Council / Nagar Panchayat. This is a State public authority; your state RTI Rules set the fee.
2. For Central government or public-sector land: the PIO, Office of the Estate Officer under the Public Premises Act 1971 — in Delhi, the Land and Development Office (L&DO), MoHUA, or the concerned ministry/PSU estate office. This is a Central public authority; the Rs.10 Central fee applies.
3. For revenue or rural government land: the PIO, Office of the District Collector / Deputy Commissioner (Revenue). This is a State public authority.

Step 2 — Gather your facts. Note the exact address, ward, plot or survey number, the type of encroachment (shed, ramp, fence, dumping, drain-filling), and the date you first observed it. Take date-stamped, geo-tagged photographs. Note your earlier grievance complaint reference number and date.

Step 3 — Draft your questions. Ask for dated, named records — not vague “details.” Five strong questions:

1. Encroachment register: “Furnish the entries in the encroachment register maintained by the municipal/revenue office for the spot at [exact address, ward, plot/survey number], including the date of first entry, type of encroachment recorded, and the name of the inspecting officer.”
2. Notices issued: “Furnish copies of all show-cause, removal, eviction or demolition notices issued under [the state municipal Act / Section 4 or Section 5A of the Public Premises Act 1971] in respect of the said spot, with dates and the name and designation of the issuing officer.”
3. Court orders / stays: “Furnish the status of any court order, injunction or stay operating on removal action at the said spot, with case number, court, and date.”
4. Action-taken timeline: “Furnish the action-taken report on grievance complaint reference number [] dated [], including the date of each inspection, the date of each notice, and the date of removal action, if any.”
5. Officer-in-charge: “Furnish the name, designation and contact details of the officer-in-charge of the anti-encroachment squad/ward for [ward/zone], and the dates of anti-encroachment drives conducted in the last 12 months in this ward.”

Step 4 — Use the right form and fee.

1. For a Central application (Estate Officer/L&DO), file under Section 6(1) of the RTI Act. Fee is Rs.10 by Indian Postal Order, demand draft, cash against receipt, or online payment. You can file online through the Central RTI portal rtionline.gov.in. Below-poverty-line applicants are exempt on production of proof. See RTI for Beginners: Everything You Need to Know Before Filing Your for the step-by-step filing process and RTI Fees by State and Online Portal Directory (2026) for state fee and payment-mode details.
2. For a State application (municipal Commissioner / Collector), the fee and mode are set by your state's RTI Rules. Most states charge Rs.10; a few charge less or nothing. Check your state rules before filing.

Step 5 — Submit and keep proof. File by hand and take a stamped receiving copy, or send by registered post and keep the acknowledgement, or file online and save the registration number. Proof of submission is your protection if the reply is delayed.

Step 6 — Wait 30 days. The PIO must reply within 30 days under Section 7(1). Where the information concerns the life or liberty of a person, the limit is 48 hours — and a drain obstruction that floods adjoining houses, or an encroachment that blocks a fire-access lane, can arguably engage that tighter clock. Under Section 7(6), if the time limit is breached, the information is supplied free of charge.

RTI is powerful because it has a built-in ladder. If the PIO ignores you or gives a vague reply, you do not stop there.

1. First Appeal under Section 19(1): file with the First Appellate Authority (FAA) in the same department within 30 days of the expiry of the reply period (or of receipt of an unsatisfactory reply). The FAA must decide within 30 days, extendable to 45.
2. Second Appeal under Section 19(3): file with the State Information Commission (for a municipal or revenue office) or the Central Information Commission (for the Estate Officer/L&DO) within 90 days. There is no fee for a second appeal to the Central Information Commission; some states charge a nominal fee.
3. Complaint under Section 18: you may also file a direct complaint to the Information Commission if the PIO never replied at all or refused to accept the application.

For encroachment cases, the most common outcome is that the municipal PIO replies with a one-line “action will be taken” and no dated records. The First Appeal is where you pin down the FAA on why the encroachment register entry, the notices and the action-taken report were not furnished, and push for the CIC-style proactive disclosure direction.

1. A copy of your earlier grievance complaint and its reference number (municipal app, CPGRAMS, or written complaint).
2. Date-stamped, geo-tagged photographs of the encroachment, with a short location note.
3. A sketch or Google Maps pin of the exact spot, with ward/plot/survey number if known.
4. For BPL applicants, a copy of the BPL certificate to claim the fee exemption.
5. For online filing, a printout of the registration acknowledgment.
6. If you are a resident welfare association office-bearer filing on behalf of residents, a copy of the RWA authorisation.

1. Filing to the wrong authority. A footpath encroachment is the municipal Commissioner's remit; a Central-plot encroachment is the Estate Officer's; revenue land is the Collector's. Filing to a generic “anti-encroachment cell” name that is not a statutory office can delay your application. Under Section 6(3) a misdirected application is transferred within five days — but you lose those five days.
2. Asking vague questions. “Take action against encroachment near my house” is a grievance, not an RTI question. Ask for named records with dates — encroachment register entries, notice copies, action-taken report, officer-in-charge name.
3. Not citing your prior complaint reference. The action-taken question is far sharper when it ties to a dated grievance number. Always quote it.
4. Forgetting the life-or-liberty clock. Where an encroachment threatens life — a blocked fire lane, a drain that floods homes, a structurally unsafe shed over a busy footpath — say so in the application and invoke the 48-hour rule under Section 7(1). Many citizens leave the 30-day clock running when they could lawfully demand faster action.
5. Stopping at the PIO reply. A one-line “will be acted upon” is not disclosure. Climb the Section 19(1) and Section 19(3) ladder; the CIC's February 2026 directive to MCD shows the Commission will push proactive disclosure when pressed.
6. Assuming a stay when there is none. Ask for the court-order/stay status in writing. Occupants sometimes claim “there is a stay” when none exists; the RTI reply either confirms the stay (with case number) or exposes the claim as false.

To: The Public Information Officer
Office of the Municipal Commissioner / Chief Officer
[Name of Municipal Corporation / Council / Nagar Panchayat]
[City, State, PIN]

(For Central land, address instead: The Public Information Officer,
Office of the Estate Officer / Land and Development Office, MoHUA,
or the concerned Central Ministry/PSU Estate Office.)

Subject: Application under Section 6(1) of the Right to Information Act, 2005
- Encroachment action at [exact address, ward, plot/survey number]

Sir/Madam,

I, [your name], resident of [your address], hereby seek the following
information under Section 6(1) of the RTI Act, 2005, concerning the
encroachment at [exact address/ward/plot]:

1. The entries in the encroachment register for the said spot,
   including date of first entry, type of encroachment, and the
   name of the inspecting officer.
2. Copies of all show-cause, removal, eviction or demolition notices
   issued under [state municipal Act, e.g. Section 314 BMC Act 1888 /
   Section 4 or 5A of the Public Premises Act 1971], with dates and
   the designation of the issuing officer.
3. The status of any court order, injunction or stay operating on
   removal action at the said spot, with case number, court and date.
4. The action-taken report on grievance complaint reference
   number [____] dated [____], including dates of inspection, dates
   of notices, and date of removal action, if any.
5. The name, designation and contact details of the officer-in-charge
   of the anti-encroachment squad for [ward/zone], and the dates of
   anti-encroachment drives conducted in the last 12 months in this
   ward.

The information sought concerns the life and liberty of residents
[if applicable - e.g. drain obstruction causing flooding, blocked
fire-access lane], and is therefore requested within 48 hours under
Section 7(1) of the RTI Act. If this is not accepted, please supply
the information within 30 days.

I am filing as an Indian citizen under Section 6(1) and, where
relevant, Section 10 of the RTI Act. The application fee of Rs.10
is paid by [Indian Postal Order / demand draft / cash against
receipt / online payment receipt no. ____]. I am not below the
poverty line [or: BPL certificate enclosed].

If the information is partly held by another public authority,
please transfer the application under Section 6(3) within five days.

If the information is not furnished within the time limit under
Section 7(1), it shall be supplied free of charge under Section 7(6).
A refusal or non-reply will be contested by a First Appeal under
Section 19(1) and, if necessary, a Second Appeal under Section 19(3)
to the [State / Central] Information Commission.

Date: [____]                  Yours faithfully,
Place: [____]                 [Your name, address, phone, email]

File to the PIO, Office of the Municipal Commissioner / Chief Officer of your city or town. Footpaths, streets, drains and municipal parks are municipal land, and the Commissioner or Chief Officer holds the statutory removal power under your state's municipal Act. Use your state RTI Rules for the fee.

File to the PIO, Office of the Estate Officer appointed under Section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. In Delhi, that is usually the Land and Development Office (L&DO) under MoHUA. This is a Central public authority, so the Rs.10 Central fee applies and you can file online through rtionline.gov.in.

Yes. The encroachment register is a routine municipal record and is disclosable under the RTI Act. The CIC's February 2026 directive to MCD went further and ordered proactive disclosure of encroachment information, action reports, rules and policies for the Paharganj area within four weeks. You can cite that directive to press for proactive disclosure in your own ward.

Generally no. Information about unauthorised construction or encroachment, gathered by a public authority in the discharge of its official duty, is not protected as third-party information under Section 11 of the RTI Act. The principle has been upheld by the Delhi High Court and applied by the Central Information Commission. The name of the encroacher, the notices issued, and the action-taken status are all disclosable.

Where the information concerns the life or liberty of a person, Section 7(1) requires supply within 48 hours. An encroachment that blocks a fire-access lane, fills a drain that floods homes, or creates a structurally unsafe obstruction on a busy footpath can arguably engage this tighter clock. Say so expressly in your application. If the PIO disagrees, the 30-day clock still runs, and a breach makes the information free under Section 7(6).

Ask, in your RTI, for the status of any court order, injunction or stay, with case number, court and date. The reply will either confirm the stay (with a verifiable case number you can check) or expose the claim as false. A refusal to answer this question is itself grounds for a First Appeal.

Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545 (1985 INSC 151, decided 10 July 1985) held that pavement dwellers are technically trespassers and no one has a right to encroach on footpaths or public places, but that any eviction must follow fair, just and reasonable procedure under Article 21. For a citizen seeking removal, the case confirms that encroachment has no legal protection; for an occupant facing eviction, it confirms that due-process notice is required. Cite it to insist that the authority act, and act lawfully.

Yes. Any citizen can file under Section 6(1); an RWA office-bearer can file on behalf of residents with a copy of the RWA authorisation. Filing one RTI for a cluster of encroachments across a colony is efficient and the action-taken question can cover all the spots in one application.

No. The RTI route is designed for citizens to use directly. Draft your questions from the template above, pay the Rs.10 fee, keep proof, and climb the Section 19(1) and Section 19(3) ladder if needed. The tools below can help you draft and check your application without any legal help.

File a parallel grievance on CPGRAMS (pgportal.gov.in) and on your municipal grievance app, and keep the reference numbers to quote in your RTI. A collective RWA complaint carries more weight than a single complaint. For ongoing unauthorised construction, see municipal-stop-work-demolition-notice-home-renovation and unauthorized-construction-illegal-extra-floor-apartment-building for the stop-work and demolition route.

1. AI RTI draft app — generate a first draft from your facts: https://righttoinformation.wiki/tools/ai-rti-draft-app.html
2. PIO reply checker — test whether the reply you got is complete or evasive: https://righttoinformation.wiki/tools/pio-reply-checker-app.html
3. First appeal app — draft your Section 19(1) appeal in minutes: https://righttoinformation.wiki/tools/first-appeal-app.html
4. Timeline calculator — work out your 30-day, 48-hour and appeal deadlines precisely: https://righttoinformation.wiki/tools/timeline-calculator-app.html

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3. Land Records or Property Status Not Clear? Use RTI to Access Official
4. Property tax receipt missing — RTI to municipal corporation
5. Property tax assessment too high — RTI for the valuation basis
6. Garbage not collected — RTI to your city
7. Stray dog menace — RTI to Municipal Veterinary Officer
8. RTI for Beginners: Everything You Need to Know Before Filing Your
9. unauthorized-construction-illegal-extra-floor-apartment-building
10. municipal-stop-work-demolition-notice-home-renovation
11. rti-property-records-before-buying

1. Right to Information Act, 2005 — full text: [cic.gov.in](https://rtionline.gov.in)
2. RTI Act, Section 6 and Section 7 ( indiankanoon.org ): [indiankanoon.org/doc/1910806/](https://indiankanoon.org/doc/1910806/) and [future.indiankanoon.org/doc/1831074/](https://future.indiankanoon.org/doc/1831074/)
3. DoPT RTI Guidelines (CPIO): [icar.org.in](https://icar.org.in/sites/default/files/Circulars/Guidelines_RTI_CPIO-2025.pdf)
4. Bombay Municipal Corporation Act, 1888 — Sections 312, 313, 313A, 314, 490 (PRS): [prsindia.org](https://prsindia.org/files/bills_acts/acts_states/maharashtra/1988/1988MH3.pdf)
5. Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Act 40 of 1971): [indiacode.nic.in](https://www.indiacode.nic.in/bitstream/123456789/1609/1/A1971-40%202.pdf) and [indiankanoon.org/doc/27902/](https://indiankanoon.org/doc/27902/)
6. Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545 / 1985 INSC 151: [indiankanoon.org/doc/709776/](https://indiankanoon.org/doc/709776/) and [digiscr.sci.gov.in](https://digiscr.sci.gov.in/view_judgment?id=NTQ4MQ==)
7. Surinder Puri v. PIO, MCD, CIC/SG/C/2010/000163/7237 (25 March 2010): [bcajonline.org](https://bcajonline.org/journal/orders-of-cic-6/)
8. CIC directive to MCD on Paharganj encroachment disclosure, February 2026: [devdiscourse.com](https://www.devdiscourse.com/article/law-order/3807947-cic-pushes-for-transparency-in-delhi-encroachment-issues)
9. Delhi High Court, W.P.(C) 5751/2014 (Vijay Kumar Diwakar v. SDMC), orders 28 Mar 2026 and 23 May 2026 (DDA / Yamuna floodplain): [delhihighcourt.nic.in](https://delhihighcourt.nic.in/app/showFileJudgment/PMS28032026CW57512014_165946.pdf)
10. L&DO Estate Officer show-cause notice to Delhi Gymkhana Club under Section 4(1) r/w Section 4(2)(b)(ii) of the Public Premises Act 1971, July 2026: [thehindu.com](https://www.thehindu.com/news/cities/Delhi/delhi-gymkhana-club-served-show-cause-notice-in-eviction-proceedings-asked-to-explain-why-it-should-not-be-evicted-by-july-7/article71169744.ece)
11. Central RTI online portal: [rtionline.gov.in](https://rtionline.gov.in)
12. CPGRAMS grievance portal: [pgportal.gov.in](https://pgportal.gov.in)

Last reviewed: 4 July 2026.