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—guide:applicant:application:sample:illegal-construction [2026/07/10 21:44] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-keywords=(guide applicant application sample illegal construction rti right to information india)
 +metatag-description=(There may be situations where you will find that a public land is encroached upon and new constructions are started. There may be situations where you will find.)}}
  
 +====== RTI Application for Illegal Construction ======
 +{{ :social:auto:guide-applicant-application-sample-illegal-construction.png?direct&1200 |guide / applicant / application / sample / illegal-construction: RTI Wiki}}
 +
 +
 +
 +<WRAP center round info 90%>
 +**Drafting notes.** This is a sample application. Customise each item before filing. See [[:guide:applicant|Guide for applicants]] for procedure, fee, and appeal path. After 14 November 2025, requests seeking information about a named individual engage Section 8(1)(j) as amended by Section 44(3) of the Digital Personal Data Protection Act, 2023. See [[:blog:pio-reply-section-8-1-j-after-dpdp-2025|the practitioner note]] for the test the Public Information Officer must apply.
 +</WRAP>
 +
 +There may be situations where you will find that a public land is encroached upon and new constructions are started.  Sometimes, the landlord or promoter of a Housing Scheme starts constructing additional floors, without the knowledge and consent of flat owners.  RTI can be used effectively to obtain mandatory documents required for such constructions, based on following sample. **Use application format if prescribed under RTI Rules applicable to the public authority.** \\ \\  
 +**For illegal Construction of Additional Floors** 
 +<WRAP center round box 90%> 
 +
 +To\\ \\
 +The Public Information Officer \\
 +[Name of Public Authority] \\
 +[ Full Address ]  \\
 +[Pin Code] \\ \\
 +Sub: Request for information under Section-6(1) of RTI Act.\\ \\ 
 +Sir, \\ \\
 +Please supply me the following information with respect to proposed construction /  construction works being carried out at below mentioned property:
 +
 +**Details of Property/ construction:** \\ \\
 +Building name:\\
 +Plot No:\\
 +City survey No:\\
 +Ward No:\\
 +Street No:\\
 +Name of landlord:\\ \\
 +** Particulars of Information sought:** \\ \\ 
 +[1] Certified copy of the Sanctioned building plan with respect to the ongoing construction / proposed construction / additional construction in existing building at above detailed plot / address.\\ \\
 +[2] Certified copy of the sanctioned building plan with respect to the ongoing construction works / proposed construction / additional construction beyond Ground+1 floor, if sanctioned by your public authority.\\ \\
 +[3] Inform me the name, designation and office address of officers and subordinate staff who verified the parameters of the ongoing construction / proposed construction / additional construction plan, specifically with respect to permissible FSI, Floor plan and structural strength of the existing building to bear the additional load.\\ \\
 +[4] certified copy of sanction letter and FSI permitted.\\ \\
 +[5] certified copy of commencement letter for the construction of buildings.\\ \\
 +[6] certified copy of sanction accorded for construction beyond G+1 (2nd floor onward).\\ \\
 +[7] certified copy of the building bylaws or building regulations or any such other document indicating the provision to permit construction beyond 2nd floor in housing schemes falling under the area under your public authority.\\ \\
 +[8] If no such sanction for new construction / additional construction beyond 2nd floor is accorded by your public authority, please inform me the name, designation and office address of the officers of your public authority responsible for taking action in demolishing the illegal construction.\\ \\
 +[9] Certified copy of the survey map / town planning map indicating the classification of the above mentioned land, (i.e. either residential or commercial or mixed use or green built or public utility space etc,) in which sanction and permissions have been accorded by your public authority.\\ \\
 +**Application Fee:**  Rs.10/-  (mention the mode and details of RTI Fee as provided in State RTI Rules) towards RTI Application Fee. 
 +
 +Please send the information to my below address by Registered post. 
 +
 +Yours faithfully, 
 +
 +Signature \\
 +Name ……………… \\
 +Full Address …………… \\
 +PIN Code:  ……………\\
 +
 +Date: 
 +
 +</WRAP>
 +
 +**For Encroachment upon public land and illegal construction** 
 +
 +<WRAP center round box 90%> 
 +
 +To\\ \\ 
 +The Central Public Information Officer \\
 +Name of Public Authority\\
 +Full address of the public authority\\
 +Pin Code....\\ \\
 +Sub: Request for information under Section-6(1) of RTI Act.\\ \\ 
 +Sir, \\ \\
 +Please supply me the following information with respect to proposed construction / construction work being carried out at below mentioned property:\\ \\
 +**Details of site & construction:** \\ \\ 
 +Plot No:\\
 +City survey No:\\
 +Ward No:\\
 +Street No:\\
 +Name of builder/developer:\\
 +Name of Housing Scheme (as displayed):\\ \\
 +**Particulars of Information sought:** \\ \\
 +[1] Certified copy of the Sanctioned building plan including floor plans with respect to construction of buildings / dwelling units at above detailed plot / address.
 +
 +[2] Certified copy of the Application submitted by the builder / developer along with all its enclosures, including the title deed of land, for seeking approval for construction of building at the above detailed plot / address. 
 +
 +[3] Certified copy of the note-sheet indicating notings by various officials and approval of competent authority thereby granting permission for construction of building in above detailed plot / address.
 +
 +[4] Inform me the name, designation, office address and Telephone numbers of officer(s) and subordinate staff who verified the parameters of the proposed construction plan, specifically with respect to permissible FSI, Floor plan, land classification with respect to proposed utility etc.
 +
 +[5] Certified copy of the site inspection report / feasibility report / verification report submitted by the concerned officer(s) based on which sanction has been accorded for construction of building at the above detailed plot/address. 
 +
 +[6] Certified copy of the survey map / town planning map indicating the approved classification and utility of above mentioned plot/land/address, where construction activities have been started, (i.e. either residential or commercial or mixed use or green built or public utility space etc,) which classification and/or utility had been approved by appropriate authority.
 +
 +[7] certified copy of sanction letter for construction of building at the above detailed plot / address. 
 +
 +[8] certified copy of communication / sanction indicating the permissible FSI in respect of construction of building at the above detailed plot / address. 
 +
 +[9] certified copy of commencement letter for the construction of buildings at the above detailed plot / address.
 +
 +[10] Certified copy of the Layout Plan of the Housing Scheme as existed as on .............., before date of commencement of present construction.
 +
 +[11] Certified copy of the Layout Plan of the Housing Scheme incorporating the proposed new construction in above plot/address as sanctioned by your public authority.
 +
 +[12] certified copy of the building bylaws or building regulations or any such other document indicating the provision to regulate construction of building or structures or  housing schemes on plots / land falling under the territorial jurisdiction of your public authority.
 +
 +[13] If no such sanction for construction is accorded by your public authority, please inform me the name, designation, office address and mobile/telephone numbers of the officers of your public authority responsible for taking action in demolishing the illegal construction.
 +
 +Application Fee:  Rs.10/-  (mention the mode and details of RTI Fee as provided in State RTI Rules) towards RTI Application Fee. 
 +
 +Please send the information to my below address by Registered post. 
 +
 +Yours faithfully, 
 +
 +Signature\\ 
 +Name ………………\\ 
 +Full Address …………… \\
 +PIN Code\\ \\
 +
 +Date: \\
 +
 +</WRAP>
 +
 +// Strike out the whichever option is not necessary, depending upon the nature of construction i.e. encroachment or additional construction on existing building. //
 +
 +For guidance in writing and submitting RTI Applications, please refer to:[[ http://righttoinformation.wiki/guide/applicant/application/how-fill-rti-application-form |
 +How to Fill RTI Application Form ]]
 +
 +Check Application Format and mode of payment of RTI Application Fee from State RTI Rules
 +
 +===== Related =====
 +
 +  * [[:guide:applicant|Guide for applicants]]. The procedure, fee, and appeal path.
 +  * [[:templates:first-rti|Template: first RTI application]]. A general-purpose first-application format.
 +  * [[:templates:first-appeal|Template: first appeal]]. For drafting an appeal under Section 19(1).
 +  * [[:blog:pio-reply-section-8-1-j-after-dpdp-2025|PIO reply after DPDP Rules, 2025]]. On how a Public Information Officer is to reply when personal information is involved.
 +  * [[:guide:applicant:application:sample:start|All sample RTI applications]]. The full index.
 +
 +===== Sources =====
 +
 +  - The Right to Information Act, 2005, Sections 6, 7, 8, 10, 11, and 19.
 +  - The Right to Information (Regulation of Fee and Cost) Rules, 2005, Central Government.
 +  - The Digital Personal Data Protection Act, 2023, Section 44(3).
 +
 +//Last reviewed on: 19 April 2026: RTI Wiki editorial team.//
 +
 +
 +===== Stuck scheme or document? Check the status first =====
 +
 +Many RTIs are filed because a government scheme or document is delayed. Before filing, check the status directly:
 +
 +  * [[:check-status/pmay-status|PMAY beneficiary status]]
 +  * [[:mgnrega-job-card-status-2026|NREGA / MGNREGA job card and payment status]]
 +  * [[:check-status/ration-card-status|Ration card status]]
 +  * [[:pm-kisan-status-check-2026|PM-KISAN Rs 6,000 status]]
 +  * [[:eshram-card-status-check-2026|e-Shram card status]]
 +
 +If a status is stuck beyond the official timeline, use the [[https://righttoinformation.wiki/tools/ai-rti-draft-app.html|AI RTI Drafter]] to file in minutes.
 +
 +{{tag>applicant application illegal-construction rti sample-rti}}
 +===== Illegal construction complaint: How to file, which authority, and RTI to track action? =====
 +
 +Filing a complaint against illegal construction and tracking it with RTI is the most effective approach. Here is the complete guide:
 +
 +  - **Step 1: Identify the authority.** (a) Municipal Corporation / Municipality (for urban areas — the building department/zonal office), (b) Development Authority (DDA, MMRDA, BDA, etc. — for development authority areas), (c) Panchayat / Block Office (for rural areas), (d) the authority depends on who issued the building plan approval (if any).
 +  - **Step 2: What to complain about.** (a) construction without building plan approval (no sanctioned plan), (b) deviation from the sanctioned plan (extra floors, setbacks, FAR violation), (c) encroachment on public land (road, park, drain, nala), (d) unauthorised change of land use (residential to commercial), (e) hazardous construction (structural safety risk).
 +  - **Step 3: How to file complaint.** (a) file a written complaint with the Municipal Commissioner / Zonal Officer (attach: (i) photos of the illegal construction, (ii) the address and survey number, (iii) the specific violation), (b) file online (most municipal corporations have an online complaint portal — e.g., MCG (Gurugram), BBMP (Bengaluru), MCD (Delhi)), (c) send by registered post (keep the receipt — it is proof of complaint), (d) file a police complaint (if the construction involves encroachment or criminal trespass).
 +  - **Step 4: Track with RTI.** File RTI with the Municipal Corporation asking for: (a) the action taken on complaint number [number] dated [date], (b) whether a site inspection was conducted (if yes: provide the inspection report), (c) whether a stop-work notice was issued (if yes: provide the notice number and date), (d) whether a demolition order was passed (if yes: provide the order number and date), (e) whether the building plan was sanctioned (if yes: provide the sanctioned plan), (f) the status of the enforcement action.
 +  - **Step 5: Enforcement options.** (a) stop-work notice (the municipal corporation issues a notice to stop construction immediately), (b) sealing (the property is sealed — no further construction or use), (c) demolition (the illegal portion is demolished by the municipal corporation), (d) penalty (a fine is imposed — regularisation is possible only for minor deviations under the state's building regularisation scheme).
 +  - **Step 6: If the authority does not act.** (a) file First Appeal under RTI (if the PIO does not respond or gives incomplete information), (b) file Second Appeal with the State Information Commission, (c) file a writ petition in the High Court (the court can order the municipal corporation to take action — the court typically gives 4-8 weeks for compliance), (d) file a public interest litigation (PIL) if the illegal construction is widespread (not just your neighbour).
 +  - **Step 7: Whistleblower protection.** (a) the complainant's identity is protected (the municipal corporation should not reveal the complainant's name to the property owner), (b) if the complainant faces threats: file a police complaint (the threats are a criminal offence under BNS), (c) the RTI application can be filed anonymously (use a friend/relative's name — but the fee must be paid).
 +
 +See [[https://righttoinformation.wiki/guide/find-pio-2026|Find PIO]] and [[https://righttoinformation.wiki/municipal/building-plan-approval|Building Plan Approval]].
 +
 +{{tag>illegal construction complaint municipal corporation rti track action demolition stop-work notice encroachment 2026}}