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PIO denying information about illegal buildings and hoardings




Our Street road has been encroached by way of illegal structures and hoardings on the pavements,hindering traffic movement of school going children and debris from those structures. I filed an RTI seeking information about sanctioned building plan,complaints received on such encroachments, action taken etc,eviction notice issued etc, CPIO replied as follows. Act of encroachments= and hoardings are  done by our area poltician. CPIO under the influence of Politician has provided the following reply.Need advice of FA


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Prasad GLN

Grounds for Appeal:  CPIO has not applied his mind to actual information solicited and as per RTI Act  

section 7: Disposal of request

(1)  Subject to the proviso to sub-section (2) of section 5 or the proviso to sub- section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:

Section 7 (9) states about the form in which such information has to be given and not reason for denial and stated as follows:

9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question3).

The denial  quoting a wrong section and without justification and stating that providing information on a public record stating that providing of information basing on latest records diverisifies resources dsproportionately when information is required (and not inspection or voluminous certified copies which applies in providing old information where preservation is involved)  is treated as malafide denial and shows lack of understanding on simple section applicable to Public Information officer.

Hence this appeal stating that there is larger public interest involved in the information  as such unauthorised hoardings without  adequate controlling measures may endanger the lives of residents.


PRAYER: Appellant prays for directions to PIO for providing of information as expeditiously as possible free of cost and PIO may be deputed for suitable training as reputation of Public authority is involved.  This type of response also creates doubts on competence of such official who can not understand simple section relevant to him.

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Thanks for your valuable support Sir


We have quoted HCC judgement in the RTI application and justified LPI.

However, the PIO stated that as per section 2f action taken on encroachments is a future course of action.Is it a valid reply ?



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Prasad GLN

The fundamental issue involved in the query is whether such plan of action is reduced as a material in records.    If there is a laid down norm for taking action against Hoardings is a judicial mandate to be implemented in toto, not taking action even after complaint is negligence, if the issue is prejudice go for writ in HC basing on this information as they do not have a plan of action on a violation brought to their attention.

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For the same subject matter, I file another RTI seeking action taken on my complaints lodged vide namma chennai app 6 months ago using the standard template in this forum.

SPIO replied as follows



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