Huge Illegal structure for cell tower

[abhi987]

Hi,

[b]In our society a huge RCC structure has been constructed in the garden to support cell tower.

There are two departments at the Municipality in Mumbai.

1) Building proposal department (BP dept) which issues permissions for any construction activity and

2) Building and Factory department (B & F dept) which takes action against any construction carried out without the permission from Building Proposal department.

I first wrote an RTI to the BP dept seeking info whether they have issued any permission and they replied back saying they do not entertain question answer format, what they can do is to provide with the whole file, you can go through the file have a look at the plans available with them,take a photocopy of the necessary plans and infer for yourself whether the structure is legal or illegal and B & F dept is the correct authority to take action if the structure is illegal.

We took the copies of the plan from this department which clearly shows the struture is in the area marked as green zone, 15% free area for recreation and also there is no permission available in the file for this structure.

We then filed an RTI with the B & F dept (we had already filed three complaints earlier with B & F dept asking them to take action against the illegal stucture) as to what action they have taken against the illegal struture and attached a copy of the plan obtained from BP dept.

They have now replied saying that it is the BP dept which is the correct authority to approach and not B & F dept and that they have forwarded my query to them.

Both the departments are passing the buck to each other. Can someone tell me what is the way out.

I have been following this matter for last one year now.

I do get my RTI replies within 30 days .

[karira]

First step would be to write a ordinary letter (not under RTI) to both the departments enclosing the reply received from the "other" department and ask as to who is the correct authority is to take action.

Please state very clearly that the letters/documents enclosed have been obtained under the RTI Act 2005.