encroachment-complaint-rti
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Encroachment Complaint RTI — illegal occupation of public land (2026)

Encroachment Complaint RTI — illegal occupation of public land (2026)

⚠️ DPDP Rules, 2025 (14 Nov 2025) amended Section 8(1)(j) of the RTI Act — public-interest override now under Section 8(2). Read the note →

· 2026/04/19 05:02 · 0 Comments

Encroachment removal is a municipal duty under the Municipal Acts.

Why this RTI works

Encroachment removal is a municipal duty under the Municipal Acts. RTI to the ULB Encroachment Officer compels production of complaint register, action-taken-report, and demolition-notice status.

  • RTI Act, 2005 §6, §7(1), §4.
  • Municipal Acts of each State — encroachment-removal powers.
  • Olga Tellis v. BMC (SC, 1985) — Article 21 right vs encroachment removal — due process applies.
  • Bombay HC v. BMC slum records (2021) — ULB action records disclosable.

RTI template — copy & file

To:
The Public Information Officer (PIO),
[Office name + address].

Subject: RTI under §6 — Encroachment Complaint query

Sir/Madam,

Under the RTI Act, 2005, kindly provide:

1. Status of encroachment complaint No. [NUMBER] dated [DATE] at
   [LOCATION], Ward [NUMBER].
2. Action-taken report — site inspection date, photographic record, notice issued.
3. Demolition / eviction notice issued to the encroacher (with copy).
4. Reason if no action has been taken.
5. List of all encroachment removal actions in Ward [NUMBER] in last 6 months.

Rs. 10 IPO enclosed.

Yours faithfully,
[Name]
[Address + phone + email]
[Date]

Escalation timeline

  • Day 31 — First Appeal.
  • Day 76 — Second Appeal to SIC.
  • Parallel — Writ in High Court for chronic inaction.
  • Parallel — DM / Collector's office for non-municipal land encroachment.

Case law anchors

  • Olga Tellis v. BMC (SC, 1985) — Encroachment removal must follow due process; notice is mandatory.
  • Bombay HC v. BMC slum records (2021) — ULB encroachment records disclosable.

Common mistakes

  • Filing to police instead of ULB.
  • Forgetting photo / location coordinates.
  • Asking for personal information of encroacher — §8(1)(j) issue.

Frequently asked questions

Whom to address for State land?

DM / Tehsildar / Revenue Officer.

Can I demand action timeline?

ULB has its own SOP; ask for SOP and adherence record.

Sources

  • RTI Act, 2005 — full text.
  • Citation chain in body.
  • Citizen Charter of the relevant authority.
  • Case-law database at /cases/search.

Last reviewed: 23 April 2026.

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