Need Help: Where to file R.T.I.Application to remove bad of Government helping builders to theft T.D.R. of existing undeveloped structure of occupants?

[Sadanand Mestry]

Dear Experts,
The matter is rarely happened in the state of Maharashtra that some occupant in the plot constructs a building without accommodating other occupants and without subdivision of the Plot. It is common that whenever there is a redevelopment in the land, the landlord of the Chawls or the Co-operative Housing Society of buildings make the list of the occupants in the land which is to be developed. Then such owner of the land either settle with all the occupants or if all the occupants desirous of having flat in the newly constructed building, the owner makes Agreement with them, registers a Society and then with the consent of all the occupants to utilize the F.S.I. and TDR of the land upon new building. Whether there is any provision restricting the landlord to accommodate all the occupants irrespective of occupants residing at different structures in the same plot? If any structure of the occupants excluded without redevelopment and then its TDR utilized on new building without consent of such occupants, what exactly to do under the R.T.I. Act, 2005 to stop the illegal act of the developer of utilizing the TDR of the occupants without consent?

Thanks for your prosperous help in advance.
Sadanand B. Mestry

[abhi987]

Sponsorer

If any structure of the occupants excluded without redevelopment and then its TDR utilized on new building without consent of such occupants, what exactly to do under the R.T.I. Act, 2005 to stop the illegal act of the developer of utilizing the TDR of the occupants without consent?

You need to prove this illegality with the help of documents submitted by a Developer with the Govt. Departments especially Municipality.

For procuring these documents, you can file a RTI application with the Municipality seeking inspection under section 2(j)(i) of the RTI Act, 2005, of all the files pertaining to a particular re-development project.

For Example:

Description of Information Required:

1. Please provide me with an inspection of all the files / documents pertaining to re-development project XXXX submitted by or on behalf of the builder / Developer XXXX, to your Public Authority.

2. Kindly provide certified photocopies of the information selected during the process of inspection as mentioned in point no. 1 above.