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singhusha3600

Can Rti fight with corrupted authority?

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singhusha3600

I wanna ask what kind of measure I can use against a corrupted govt officer? What kind of questions I can ask in the Rti for that? Please Help!

 

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Prasad GLN

There is no ready made, tailored solutions.  Unless the exact corruption spot and nature of corruption is known, one can not use RTI.

RTI Can not fight.  It is just a tool and some one with abilities should use that tool with expertise.

There is no fight involved, only make them accountable through transparency.

RTI is a clinical or diagnostic examination of records.  Just like X ray. X ray shows where it is exactly fractured.

Treatment is separate with other measures. Some need just bandages and some need critical operations.

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singhusha3600
There is no ready made, tailored solutions.  Unless the exact corruption spot and nature of corruption is known, one can not use RTI.
RTI Can not fight.  It is just a tool and some one with abilities should use that tool with expertise.
There is no fight involved, only make them accountable through transparency.
RTI is a clinical or diagnostic examination of records.  Just like X ray. X ray shows where it is exactly fractured.
Treatment is separate with other measures. Some need just bandages and some need critical operations.
Yes I know that actually I did file an complaint to one of grievance portal it got initiated and it is written their they have stopped the construction and informed the police under dmc act but an official visited the place and gave him challan... The owner next day went their and I don't know what's happened he is saying he gave 1 Lakh rupees for unauthorized construction what can I do? Please help?

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Sunil Ahya

Can you tell us as to how do you know that the construction is unauthorized?

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singhusha3600
Can you tell us as to how do you know that the construction is unauthorized?
Yes sir while constructing their house they encroached more road area detached from their house they made an illegal 4.5 chajja in the park and street area which is creating alot of problems for us..

Also that house is being built on mcd park area they have just 30 square yard and making a building of 100 square yard as they encroached it few years back..

What steps I can take please help?

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Prasad GLN
Posted (edited)

The same thing happened at my place.  Municipal commissioner was ordered to stop construction / closure and he has reported compliance.  But when the petitioners brought to his notice with evidence, Hon.Judge has issued summons to MC and passed strictures.

Go with a group, shoot the entire construction going on with some locals and media persons.  File PIL through a voluntary organisation.

Report the lethargic attitude of concerned officials in writing to Minister of Municipalities .with photographs.

There are modern technics to record every work going on through drones/google map.  Be inventive in making a complaint pucca without any loop holes like showing bills after the construction stopped, using a measuring tape showing the scale and violation very clearly etc.  Proceed as a group.  Not one, there may be several evidences of that construction.

When once the construction is stopped, authorities must record the same through photographs showing the extent of construction till they receive the stoppage order.   This should be fundamental proof.

But to-day or tomorrow, if authorities provided such information of No working going on it amounts to cheating and criminal breach of trust and misleading.  There may be several advocates, who may offer free services voluntarily out of social work or for getting good image.  Hunt for such sincere persons and take their guidance.

Edited by Prasad GLN

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Sunil Ahya
7 hours ago, singhusha3600 said:

Yes sir while constructing their house they encroached more road area detached from their house they made an illegal 4.5 chajja in the park and street area which is creating alot of problems for us..

Also that house is being built on mcd park area they have just 30 square yard and making a building of 100 square yard as they encroached it few years back..

What steps I can take please help?

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You see, these are all assumptions, where are the documents to prove what you say, how do you know they have only 30 square yards and not 100 square yards?

Where are the documents, have you seen the permissions granted to them by MCD?

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singhusha3600
You see, these are all assumptions, where are the documents to prove what you say, how do you know they have only 30 square yards and not 100 square yards?
Where are the documents, have you seen the permissions granted to them by MCD?
I have asked for mcd park area map... I know for the fact mcd doesn't know about the encroachment as yet...


Also I wanna ask you if their is work stop notice by municipality and they have directed the police under sec 344 of dmc act 1957, is it police responsibility to stop the construction?

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singhusha3600
You see, these are all assumptions, where are the documents to prove what you say, how do you know they have only 30 square yards and not 100 square yards?
Where are the documents, have you seen the permissions granted to them by MCD?
I have asked for mcd park area map... I know for the fact mcd doesn't know about the encroachment as yet...


Also I wanna ask you if their is work stop notice by municipality and they have directed the police under sec 344 of dmc act 1957, is it police responsibility to stop the construction?

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singhusha3600
The same thing happened at my place.  Municipal commissioner was ordered to stop construction / closure and he has reported compliance.  But when the petitioners brought to his notice with evidence, Hon.Judge has issued summons to MC and passed strictures.
Go with a group, shoot the entire construction going on with some locals and media persons.  File PIL through a voluntary organisation.
Report the lethargic attitude of concerned officials in writing to Minister of Municipalities .with photographs.
There are modern technics to record every work going on through drones/google map.  Be inventive in making a complaint pucca without any loop holes like showing bills after the construction stopped, using a measuring tape showing the scale and violation very clearly etc.  Proceed as a group.  Not one, there may be several evidences of that construction.
When once the construction is stopped, authorities must record the same through photographs showing the extent of construction till they receive the stoppage order.   This should be fundamental proof.
But to-day or tomorrow, if authorities provided such information of No working going on it amounts to cheating and criminal breach of trust and misleading.  There may be several advocates, who may offer free services voluntarily out of social work or for getting good image.  Hunt for such sincere persons and take their guidance.
Nobody here is interested... Caste system is playing a major role in here..

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Prasad GLN

But atleast in legal system, there is a fear and atleast expectation that Hon Judges involve in larger public interest issues through PIL.

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singhusha3600
But atleast in legal system, there is a fear and atleast expectation that Hon Judges involve in larger public interest issues through PIL.
Pil is what can you explain? Is it a case? Sorry I don't know much about it

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Sunil Ahya
2 hours ago, singhusha3600 said:

I have asked for mcd park area map... I know for the fact mcd doesn't know about the encroachment as yet...


Also I wanna ask you if their is work stop notice by municipality and they have directed the police under sec 344 of dmc act 1957, is it police responsibility to stop the construction?

Sent from my A1601 using RTI INDIA mobile app
 

First you need to file a RTI application to obtain a copy of all the permissions and plans and it is these documents which helps one to understand whether the said construction is legal or illegal, else these are all assumptions.

You have to approach the Municipality and it is their responsibility to remove the encroachments, if any, and it is not the responsibility of the police department to remove the encroachments. The responsibility of the police department is to provide protection to the employees and officials of a Municipality whenever it sought by them for the purpose of removing encroachments or any other such purpose.

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singhusha3600
First you need to file a RTI application to obtain a copy of all the permissions and plans and it is these documents which helps one to understand whether the said construction is legal or illegal, else these are all assumptions.
You have to approach the Municipality and it is their responsibility to remove the encroachments, if any, and it is not the responsibility of the police department to remove the encroachments. The responsibility of the police department is to provide protection to the employees and officials of a Municipality whenever it sought by them for the purpose of removing encroachments or any other such purpose.
Sir that's what I am asking they misleading me... I did complaint to them... Nobody came till date... What more I can do if the there is money involved? Waise to I have filled the rti for complaint status of my complaint...

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Sunil Ahya

Is your complaint supported by documents which establish that the said construction is illegal and without necessary permissions?

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singhusha3600
Is your complaint supported by documents which establish that the said construction is illegal and without necessary permissions?
No sir.. Can I file one more rti? What questions to ask for the same please help sir?

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Prasad GLN

Subject on which information sought:  Construction approval / terms and conditions for property at.....................................................standing in the name of .....................................(Give full address ..if possible with photograph)

Information solicited:

1)Please provide certified copies of a)Blue print of the building/construction approval  b)Approval terms and conditions c)inspection reports carried out on receiving complaints from this applicant on illegal construction.

2.Action taken against complaint with certified copies of all notes on record and present status on such complaint against illegal construction.

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singhusha3600
Subject on which information sought:  Construction approval / terms and conditions for property at.....................................................standing in the name of .....................................(Give full address ..if possible with photograph)
Information solicited:
1)Please provide certified copies of a)Blue print of the building/construction approval  b)Approval terms and conditions c)inspection reports carried out on receiving complaints from this applicant on illegal construction.
2.Action taken against complaint with certified copies of all notes on record and present status on such complaint against illegal construction.
Okay I will send a new rti waise I have asked about the complaint status of my complaint can I ask about building bye laws approval as well?

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Prasad GLN

Please do not jump into conclusions, and read the replies carefully.  Only when they can deliver such certified copies, members suggest RTI filing -for those documents that can equip you with documentary evidence on allegations.

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singhusha3600
Please do not jump into conclusions, and read the replies carefully.  Only when they can deliver such certified copies, members suggest RTI filing -for those documents that can equip you with documentary evidence on allegations.
Okay.

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Sunil Ahya

A construction can be said to be legal or illegal based on the documents and plans pertaining to permissions granted or not granted by the concerned Municipality.

Therefore the first thing that one needs to do under RTI is to seek a photocopy of all the plans and permissions granted for a given construction. 

Once these documents are obtained under RTI the next step is to understand and analyse as to whether the construction is according to the sanctioned plans and permissions.

If it is not, then one needs to complain to the concerned authority by following the proper procedure laid down under the relevant law for making such complaints and enclose the copy of permissions and plans / RTI replies and other such documentary evidence along with such a complaint.

One can file a RTI application to seek information on the action taken on a complaint.

 

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singhusha3600
A construction can be said to be legal or illegal based on the documents and plans pertaining to permissions granted or not granted by the concerned Municipality.
Therefore the first thing that one needs to do under RTI is to seek a photocopy of all the plans and permissions granted for a given construction. 
Once these documents are obtained under RTI the next step is to understand and analyse as to whether the construction is according to the sanctioned plans and permissions.
If it is not, then one needs to complain to the concerned authority by following the proper procedure laid down under the relevant law for making such complaints and enclose the copy of permissions and plans / RTI replies and other such documentary evidence along with such a complaint.
One can file a RTI application to seek information on the action taken on a complaint.
 
Okay thanks sir :)

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Prasad GLN

Please write the entire query separately, post all your doubts and never raise questions on hypothetical issues and try to close a post maximum within two or three replies.  When some one wants simple guidance in future from your post, he has to go through several posts, with all repeated quotes and may get confusion.  No need to quote for each reply.  do not use thanks as reply and just click the necessary tab to convey such thanks. 

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