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  1. #1
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    brandel jacinto
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    illegal flat renovation


    Dear Sir,

    I live in a co-operative housing society of which my wife is the secretary. recently a flat was sold and the new owners have started intense renovation work to the extent of demolishing walls and attempting to illegally encroach upon the flower beds etc. thus defacing the external look of the building. The society has already requested them to furnish the necessary Municipal permissions of revert back to the original plan/layout of the flat. However, the member has not reverted and neither has stopped the renovation.

    The society has also filed a formal written complaint to the Head of department of the Municipal ward office today to take necessary action as members fear this may also affect the structural strength of the building. However, we fear that no action may be taken since the concerned flat owner is very well connected, influential, and financially well-to-do and has openly told the members that he would "take care" of the municipal officers and possibly bribe them.

    In view of the above, I have the following questions.
    1) Can we file an RTI as a "co-operative society" rather than as "individuals" ?
    2) Can we directly demand to know what action will be taken on the complaint registered by the society & enclose a copy of the complaint letter ? Can we also ask for a time frame for action taken?

    In your expert opinion, will this RTI application act as a follow up to our compalint and also force them to take the complaint seriously.
    or
    should we wait for a week and if no action is taken, then we should file an RTI asking for status of the compalint registered by us.

    Please help!!!



  2. #2
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    pradip shah
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    Default Re: illegal flat renovation


    You should provide full information of building. No. of flats, Age of building, No. of stories etc. Without permission of Society no alteration is permitted. File complain with Municipal corporation-copy to flat owner- nearest police station on Society letter head. RTI Act2005 can help you to get information but cannot stop structural change unless some legal action is taken by Society.

  3. #3
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    C J Karira
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    Default Re: illegal flat renovation


    Quote Originally Posted by BRANDEL View Post
    1) Can we file an RTI as a "co-operative society" rather than as "individuals" ?
    2) Can we directly demand to know what action will be taken on the complaint registered by the society & enclose a copy of the complaint letter ? Can we also ask for a time frame for action taken?

    In your expert opinion, will this RTI application act as a follow up to our compalint and also force them to take the complaint seriously.
    or
    should we wait for a week and if no action is taken, then we should file an RTI asking for status of the compalint registered by us.
    1. Better to file the RTI Application as a individual. Noting stops several members of the society to file similar RTI applications.
    2. It is better to file the complaint and then wait for some time before filing a RTI to know the status and action taken on your complaint.

    The following blog will be useful to you:

    http://www.rtiindia.org/forum/blogs/...ding-govt.html
    @cjkarira

  4. #4
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    whackpack india
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    Default Re: illegal flat renovation



    1 as advised by karira sir, do not file application on the behalf of co-operative society, as RTI act prescribes that 'any citizen of india' can seek information, and co-operative society cannot be termed as a citizen of india, and hence your application is liable to be rejected. in fact i would advice that the individual should also not write down his designation in the society / use society letter head, as though it is in direct contravention of the act, there are instances where PIOs (and even ICs) have rejected applications on these grounds.

    2 you need to wait for a week atleast before filing your RTI application, as you surely cannot demand action at the same time as filing complain. but you can file a RTI application seeking whether individuals are allowed to cover flower beds, make projections in apartments without obtaining prior written approval of the municipal body.

    make sure you seek information, and not opinion. properly drafting of your application is of paramount importance in such cases. you may draft your application with help from the guide section (RTI Guide), and post it here on this forum for the suggestions of other members, for maximum benefit.

  5. #5
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    Vinod C Vasu
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    Default Re: illegal flat renovation


    Hello Brandel,

    What is the status of the original complaint ? and rti followup.
    I have similiar problem in my society/building.
    pls let me know the steps you have taken so that i can follow the same

  6. #6
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    Name:
    brandel jacinto
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    Default Re: illegal flat renovation


    Hello Vinod,

    There was no response to our complaint from the authorities. unfortunately the other members of the society later jointly decided to overlook this and not to pursue the matter further (atleast for the time-being). but if you are being directly affected or inconvenienced, then you should go ahead as per the suggestions of the experts who have replied to this thread earlier.

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