RTI Alerted the Municipal Authority to follow Building Rules and my client benefitted without approaching Court

[Balu A]

Vannakkam Members

As requested by Mr. Karira the success story is narrated hereunder:

In Tamilnadu, Tirunelveli Municipal Corporation area Ward No: 53, one miscreant encroached corporation common lane area and the neighbour's area and constructed a over bridge from North side house to South side house owned by the miscreant and his wife. This was done in the year 2007. This illegal acts was informed to the Municipal Corporation Authorities through complaint petitions by the neighbour and the common public. There existed Laxity and Lack of Alertness on the part of the Municipal Corporation Planning Department Officials, since they were purchased by the miscrant.

The neighbour who was affected approached me ( I am an Advocate) seeking my opinion and to file a suit in the appropriate Court. I have gone through the facts and events happened, and thoroughly gone through the complaints already lodged before the Municipal Corporation Authorities, and observed the inactiveness on the part of the Authorities concerned. It is a naked truth that the Judicial process is a lengthiest and expensive one, and hence I adviced my client to send an application U/s 6(1) RTI Act, 2005, seeking information about the date of approval of the buildings plans sanction for the houses constructed by the said miscreant and his wife. In the same application my client had sought information about the status of each Town Survey Number (as per Corporation Records) adjacent to the newly constructed buildings and the measurement of each number and ownership details along with certified copies. The Application under RTI Act, 2005, was sent in the month of November, 2008.to the PIO of the Tirunelveli Municipal Corporation. The PIO had failed to send the reply even after 50 days, and hence I advised my client to file first appial under RTI Act, 2005, Section 19(1). The appeal was filed before the appellate authority in the Tirunelveli Municipal Corporation (The Commissioner, Tirunelveli Municipal Corporation), in the last week of December 2008. The Corporation Officials were alerted and made to a fix to see the back files and to inspect the building sites. The Officials one by one visited to the sites in the month of January, 2009 and inspected and issued notice to the miscreants to remove the unauthorised construction by encroaching the corporation area, and the naighbour owned by my client. The miscreants are removing the unauthorised constructed area stage by stage and forced to clear the encroached area. This is a great success to a law abiding citizen of India through RTI Act with less expense.

Balu A.

[Atul Patankar]

Sir,

 

You are an advocate and still you have advised your client to try RTI before going into litigation. So, it seems, you may have received less fee than what you would have otherwise received.

 

And still you have reported this story as success story. It seems you put clients success before your own. let me congratulate you for this!

 

The use of RTI itself is also quite encouraging.

[Balu A]

Dear Atul Patankarji,

Vannakkam.

you are Welcome for the appreciation given to my job. I am doing this as a Social Service without minding income. I am having a principle to fight against red tappism , and corrupt practices amongst the Officials, and organising an one man army. Your enlightened appreciation gives me encouragement to go forward. Thank you so much.

Balu A.

[jonson12]

Balu from Nellai...

 

That sounds good!

 

Congrazt for your success.

[tvravindran]

Dear Sri.Balasubramanyam

Thank you for publishing you success story.Let such incidents be encoragement for other members too!

Regards

Ravindran.T.V

[pranitsw]

Dear mr. baluI need your help regarding Redevelopment of our old tenament. As We are using RTI ACT 2005, but we are not sure wether it will help us to fight against builder. Becouse MCGM people not helping us for the information we need on quick basis. I am from mumbai. PLease give some suggestion, what i can do to grab info from MCGM (Muncipal Corporation of Greater Mumbai).Thank YouPRanit

Dear Atul Patankarji,

Vannakkam.

you are Welcome for the appreciation given to my job. I am doing this as a Social Service without minding income. I am having a principle to fight against red tappism , and corrupt practices amongst the Officials, and organising an one man army. Your enlightened appreciation gives me encouragement to go forward. Thank you so much.

Balu A.

[Balu A]

Dear Mr.Pranit

Vannakkam. Please give some detailed informations about your idea for redevelopment of your old tenement. You are the orignal tenant or sub tenant? If you feel free to disclose your problem in detail I shall try to give my ideas as to how you can pull the Municipal Corporatioon Authority utilising The Right To Information Act,2005. With regards

A.Balu

 

"WE WILL WIN"

[ambrish.p]

Dear Balasubramanian

 

Please go through the thread posted by Mr. Pranit:

http://www.rtiindia.org/forum/25749-municipal-corporation-greater-mumbai.html

 

regards

[GAUTAM BHATTA]

Dear Mr. Balu,

I am really glad to know your success story , using RTI , This is really encouraging.

But I have to share my experience on the same type of illegal constructions in the area of Kolkata Municipal Corporation. You will be glad to know that the present Mayor is also one eminent Advocate of Kolkata High Court. I submitted one RTI application regarding illegal construction of multi storied buildings in a Co operative Housing Society under the KMCorporation area. NO member of this Housing Society is permitted to construct more than 3 storied buildings as per Co operative rules. This was also informed by the Secretary of the Managing Committee of the Housing Society to all members as well as it was published in leading News Paper. But the Chairman of the Managing Committee constructed 5 storied buildings and the Kolkata Municipal Corporation sanctioned building plans. In response to my RTI application KM Corporation informed that as no one did inform that Co op rules , so KMC approved building Plans. Then I further intimated that many members have already informed the specifis Co op Rule to he City Architect as well as the Mayor of the Kolkata Municipal Coeporation . Then the Director General of Buildings, KMC reported that as there is no mention in the Deed of the members of the said Housing Society regarding this restriction of buildings , so the KM Corporation is sanctioning these building Plans.

 

It was learnt that the Hon'ble Mayor , (who was the Advocate of some members of this Co op Housing Society and is known everything regarding the illegal activities of the present and past Managing Committee ) was requested to take legal action under Co op Rules as -as long as Co operative exists all members of this Housing Co op Society should abide by the Co op rules. The Hon'ble Mayor . the ninent Advocate of our state, West Bengal simply replied- " It is upto the Co op members , as the buildings are being sanctioned under the KM Corporation Building rule , we have nothing to do to stop this activity,

There are plenty of corrupt members of this Co op Society , who have already constructed illegal multi storied buildings and sold flats to out siders , illegally violating Co op Rules.

We are reluctant too go to the High Court due to its very very time taking process , how to stop tjese illegal activities ? Advocate ji, would you please suggest something. Our Advocate - Mayor did not help us.

[Balu A]

NO member of this Housing Society is permitted to construct more than 3 storied buildings as per Co operative rules. This was also informed by the Secretary of the Managing Committee of the Housing Society to all members as well as it was published in leading News Paper. But the Chairman of the Managing Committee constructed 5 storied buildings and the Kolkata Municipal Corporation sanctioned building plans. In response to my RTI application KM Corporation informed that as no one did inform that Co op rules , so KMC approved building Plans. Then I further intimated that many members have already informed the specifis Co op Rule to he City Architect as well as the Mayor of the Kolkata Municipal Coeporation . Then the Director General of Buildings, KMC reported that as there is no mention in the Deed of the members of the said Housing Society regarding this restriction of buildings , so the KM Corporation is sanctioning these building Plans."

 

Dear Mr. Goutham Bhatta

Vannakkam.

To the best of my knowledge I am giving you the following opinion/suggestion. Hope postively that "WE WILL WIN"

1. You send RTI Applications Under Section 6(1) ot the following Public Information Officials.

PIO @ the Office of the Registrar of Housing Co-oiperative Societies and the other to the PIO @ the Office of the Secretary who is concerned with Co-Operative House Building Societies.

2. You should request to furnish information about the adherence of the Act and Rules and By laws of the Co-Operative House Building Society (the Particular Society You mentioned in your thread), regarding the construction of the house in the Society area by a member of the society.

3. The other information you have to sought is about the penal action and the duty of the Registrar and the above said Secretary of the State against the persons who are violating the House Building Society Act, Rule, and By law.

4. You seek information with the REgistrar and Secretary whether paper publication informing that no member is allowed to construct more than three floors in a building.

Defenitely you will seek some remedy.

After getting these informations you please put a thread informing the outcome of you RTI Applications and Repalies.We Will Win

With regards

Balu A

[GAUTAM BHATTA]

Dear Mr. Balu,

Namaskar, I would like to mention you that Plenty of RTI applications were submitted to the Registrar's office. Registrar agreed to take action against these illegalities.Even Joint Secretary of the Co operation Department directed the Registrar for settlement of such problems, i.e illegal construction of multi storied buildings, illegal transfer of of plot, illegal selling of flats in the said housing society, more than two years ago. But you will be glad to know that our govt( even IAS officers) are so dedicated to serve the purpose of corrupt persons of our Sosiety that nothing was done. In response to the specific query regarding action taken report wrt this direction by the Joint Secretary , the reply provided--- " Nothing on the record". And finally the Hon'ble Secretary of the Department directed the Registrar to stop enquiry in the affairs of this Housing Society. " No need of any administrative action " . When asked as per 4

(1) (d) for this administrative decision ; the simple answer is a) No reccorded reason is there. (2) RTI for information , not for explanation. And finally I don't have the proper 'power' to express regarding the activity of PIO- friendly State Information Commissioner! As a mew comer , I think I do not have that experience to place the proper query to the PIO. But I shall submit another RTI application , as suggested by you.

The Secretary of the private Housing society is not being treated as the PIO in our state.

[Balu A]

Mr. Goutham Bhatta

Vannakkam. I will send another post reply in detail tomorrow. 'We will win'

Balu A

[Balu A]

Vannakkam Mr.Goutham Bhatta

This is in continuation of my earlier thread reply. You better file RTI Application under section 6(1) to the following Officials

1. PIO at the Office of the Secretary of the department who has instructed the Registrar to stop action. You raise the query referring to the said details in your thread. While sending the application you attach the photographs of the buildings which are in violations to rules, regulations and by laws.

2. PIO at the Office of the Deputy/Joint/District- Registrar/Administrator

(as designated in your State) who is the immediate controlling Authority of the House Building Society concerned. You raise the query about the irregualrities referring to the Rules Regulations and By laws.

'WE WILL WIN'

Balu A

[GAUTAM BHATTA]

Dear Mr. Balu,

We had filed application in both departments.But Cooperation Directorate ( Registrar's office ) informed that they were waiting for direction from the Co operation Department. Co op Department stopped the enquiry and directed the Registrar to 'solve the problem amicably, across the table'. When asked regarding status of the discussion with the corrupt members of the Board, it was informed that--- "Nothing on the record". Now we have to take some legal steps , but it will take time .

What a splendid situation;-- Govt, Department without taking proper action against the corrupt members & Managing committee of the Housing Society, is interested to 'SOLVE THE PROBLEM AMICABLY.' Why the Co operation Department is so co operative with these corrupts ?

[Balu A]

When asked regarding status of the discussion with the corrupt members of the Board, it was informed that--- "Nothing on the record". Now we have to take some legal steps , but it will take time .

 

Dear Mr. Goutam Bhatta,

Vannakkam.

I had seen the contents of the mail. You are right that the legal proceedings through court of law will consume more time , money and we have to loose much time which will create much agony. How ever if necessary if we have to pose the problem with the Court we need some basic evidential records.

 

Please note the quote above. wherein it is stated by you that "When asked regarding the status of the discussion with the corrupt members of the Board, it was informed that "Nothing On the record".'

Please clarify me to whom you enquired about the status of the discussion?

If it is with the Directorate of Co-Operation Department, it is not enough.

You better send two complaint petitions to the Chief Secretary and Government Secretary of the Co-Operation (WB) detailing the past affairs with the copies of the replies given by the Directorate of Co-Operation and wait for a period of 20 to 30 days after of the reach of the petitions by theSecretaries. If you no proper reply is received from the Chief Secretary and the Secretary Co-Operataion, you file RTI Applications under section 6 of the Act, 2005 and pin up them to send the information about the petitions. We can have committed replies of the Head of the State, which will be useful to us to utilise for the filing of the Public Interest Litigation In the Highest Court of the State and pull up the Government machinary to answer to the Court. "WE WILL WIN" .

With regards

Balu A

[GAUTAM BHATTA]

Dear Mr. Balu,

I am really glad to note that you have taken so much interest in the matter.

 

You asked me to clarify whom I enquired about the status of discussion. So I am to mention that the RTI application was filed both to the Co operation Department

( Secretary etc in Govt main Secretariat ) and also to the Registrar’s office separately. The Public Information Officer of the Secretariat simply transferred those queries to the Registrar’s office for reply. In response to the query of status of discussion the PIO, Registrar’s office informed using the same old sentence- Nothing on the record. And in response to the same query , transferred by the Secretariat PIO , the reply provided by the PIO, Registrar’s office----- “ In reference to above we express our inability to furnish the information because no such recorded information is found”.

This peculiar situation of activities of Govt. officials of ( corrupt) Co operation Department & the Directorate was duly informed to the Secretary of the Coop Department & Chief Secretary, of the Govt., in detail , but all in vain. When the Secretary could allow us to meet for few minutes , he asked us to discuss the matter with the Joint Secretary, who expressed his inability to do anything in this regards, excepting sending a reminder to the Registrar.

I could remember a joke published in The Illustrated weekly of India , in 1976 , which I intend only to add here- “ A seminar is a gathering of some important persons , who singly can do nothing but jointly can decide –Nothing can be done.”

But , on the other hand. how and why they are almost all are so prompt to take any suitable action to help those corrupt persons of our Society ?

When we will win ?

[Balu A]

When we will win ?

Dear Mr. Goutham Bhatta

Vannakkam

I think I am not bothering you? You please send one RTI application about the stage of action of the Petition you filed before the Chief Secretary, Government Secretariat.

You file a complaint before the STATE INFORMATION COMMISSIONER, U/s 18

of the RTI Act complaining the non submission of correct answers by the Registrar and the Secretary Co-Operation.

Let us see the fate! Any how I hope that We Will Win

Geetha: "Dharmam Will Win One Day."

Balu A

[GAUTAM BHATTA]

[quote name=Balu.A

You file a complaint before the STATE INFORMATION COMMISSIONER, U/s 18

of the RTI Act complaining the non submission of correct answers by the Registrar and the Secretary Co-Operation.

Let us see the fate! Any how I hope that We Will Win

Geetha: "Dharmam Will Win One Day."

Balu A[/quote]

I am really thankful for your valued suggestion and keen interest you have shown. I shall file one complaint to the SIC within a few days, as suggested by you.

It is obvious that even after a darkest night, there should be the desired morning and sun shining, though the night is very lengthy sometimes.

---- we do believe , we shall overcome someday.

With regards.

[sandyypillai]

hello sir, congrats to u. I am a ward member of 40 of same place. I do have the same problem.My neighbour is constructing building in the common wall occupying my place. I have applied to PIO under RTI seeking certain datas. I would like to know is there any Tamilnadu GO which says written permission to be taken from neighbour for such said construction. If u know any relevant data in this field help me...

[jaya bhattacharyya]

DEAR MR. BALU,

THANK U VERY MUCH FOR THE SUCCESS STORY.

CAN I GET SOME ADVICE IN REGARD TO THE FOLLOWING POSITION?

I HAVE A TENANTED HOUSE IN NORTH 24-PARGANAS WHICH WAS INHERITED FROM MY FATHER WHO HAS EXPIRED.THE FOUR TENANTS OCCUPYING FOUR ROOMS SEPARATELY WERE PAYING RENT BETWEEN Rs.40 TO Rs.60 PER MONTH UPTO 1998 WHICH WAS COLLECTED EVERY MONTH BY MY BROTHER ON MY BEHALF.THE COLLECTION WAS STOPPED WHEN THE LOCAL MUNICIPALITY HAD DECLARED THE BUILDING AS "DANGEROUS STATE FOR LIVING"UNDER W.B.M. ACT 1993 SECTION 223(1),223(4),223(5) IN 1998 GIVING ME 15 DAYS NOTICE TO REPAIR.THE TENANTS STARTED PAYING RENT TO THE RENT CONTROLLER WITHOUT MY ENDORSEMENT AND THE RENT WAS NEVER TAKEN ANYONE FROM THE RENT CONTROLLER."THE REPAIRING JOB COULD NOT BE DONE BY ME AS THE TENANTS WERE NOT COOPERATING TO VACATE THE BUILDING.THE BUILDING FAURTHE DETERIORATED AND A PORTION OF THE BUILDING HAS COLLAPSED IN THE LAST MONTH.A GENERAL DIARY WAS ALSO LODGED WITH THE POLICE STATION.

MATTER WAS INFORMED IN DETAILS TO THE MUNICIPALITY AND POLICE IN DETAILS INFORMING ALL FACTS INCLUDING THE ATTITUDE OAF THE TENANTS.THE MUNICIPALITY IS SILENT AND RELUCTANT TO DO ANYTHING ON THEIR BEHALF FOR VACATING/DEMOLISHING THE BUILDING.MY QUERIES ARE:

 

1.WHAT IS MY POSITION IN CASE THE BUILDING COLLAPSES FURTHER CAUSING CASUALTIES TO THE DWELERS AND PROPERTIES;

2.HOW CAN I GET THE BUILDING VACATED WITHOUT GOING TO THE COURT;

3.HOW CAN I ACTIVATE THE MUNICIPALITY;

[kbdave]

Dear sir,

 

I have one doubt that if the approved plans are covered under the RTI Act. Approved plan is a personal prpoerty. Why somebody wants to see my building plans. Only the information mentioning that the if the approved plans are as per rules is sufficient. Please advise on the matter.

thanks

[karira]

Approved Building Plans are not private.

You Property is private property but not the plans which you submitted for approval.

 

You followed the prevailing rules under which you had to submit your building plan for approval. This submitted plan (which might have been later approved) is part of the "records" of the Public Authority and therefore squarely falls under "information" as defined in Sec 2(f).

 

Any citizen will definitely be interested in seeing your approved building plans to see if :

 

1. They are indeed approved by the public authority

2. If anyone from the public authority has visited the site and compared the actual site position with the approved building plans

3. If you have not deviated from the approved plans subsequent to the approval date

[Ketan Modi]

Dear Balusir,

Vannakkam to you

I wish we have many more advocates like you who would advice their client's selflessly. It was great reading your success. Happy information seeking