Are you a homeowner in India facing the frustrating problem of rising road levels around your property? You’ve meticulously followed building codes, ensuring your house’s plinth height meets mandatory requirements, only to find yourself in a predicament as the surrounding roads are gradually raised. This often leads to waterlogging in your home and can even result in demolition orders because your plinth height, relative to the new road level, appears insufficient. This article explores how the Right to Information (RTI) Act can be a powerful tool for citizens to understand and address this pervasive issue, drawing insights from a significant Central Information Commission (CIC) ruling.
Background: What Information Was Sought
In a case that highlights a common grievance across India, an appellant approached the East Delhi Municipal Corporation (EDMC) with an RTI application. The appellant sought a copy of the approved sanction plan for their property. While the Public Information Officer (PIO) initially stated that the specific document was untraceable, they did manage to locate the sanction plan for another property approved around the same period, in 1970. This plan was presented to the appellant. Crucially, the case also brought to light the concerns of an Assistant Engineer (B) who had formally alerted his superiors about the problems caused rising road levels. He detailed how homeowners, who had built their houses adhering to the minimum required plinth height, were unfairly disadvantaged when public authorities subsequently raised the road level. This situation, he noted, could lead to demolition orders for properties that were initially compliant, due to no fault of the owners.
How the Public Authority Responded
The initial response from the PIO regarding the unavailability of the requested sanction plan was a setback for the appellant. However, the subsequent tracing of a similar property’s plan and the Engineer’s proactive note to his superiors indicated that the issue of rising road levels was indeed being recognized within the administration, albeit perhaps not with the urgency required. The delay in tracing the specific document and the eventual presentation of records in a state of disarray pointed towards potential issues with record management within the municipal body.
The CIC Hearing: What Happened
The Central Information Commission (CIC) examined the case closely. The Commission acknowledged the efforts made PIO to locate the information. However, it was evident that poor record management was a significant hurdle, leading to the permanent record of the appellant’s sanctioned building plan being untraceable. Upon inspecting the files from 1970, the CIC observed that the records were in a state of severe deterioration and disintegration. This condition underscored the urgent need for modernization of record-keeping systems. Furthermore, the CIC recognized the broader public interest implications of the issue raised Assistant Engineer regarding the detrimental effects of unauthorized road raising on property owners.
The CIC Order and Its Significance
The CIC’s order in this case carried significant weight. While acknowledging the efforts to find the information, the Commission strongly recommended, under Section 19(8)(a)(iv) of the RTI Act, that special funds be allocated for the digitization of old permanent records of the three Municipal Corporations of Delhi (MCDs). This recommendation aimed to address the systemic issue of decaying historical documents. More importantly, recognizing the larger public interest in the problem of rising road levels causing flooding and potential demolition orders for homeowners, the CIC directed the PIO to provide a copy of the final outcome of the proposal mooted Assistant Engineer regarding this issue, along with its current status. The Commission emphasized the importance of this matter that a copy of its order be marked to the Commissioners of the three MCDs, ensuring the issue received high-level attention. The Commissioners were also asked to provide the CIC with copies of any orders issued regarding the computerization and digitization of old permanent records.
Key Lessons for RTI Applicants
- Lesson 1: Document Everything: When filing an RTI, be as specific as possible with your requests. For issues like building plans or property records, clearly state the property address, the period, and the exact document you need.
- Lesson 2: Persistence Pays Off: If the initial response is unsatisfactory (e.g., information not traceable), don’t give up. You have the right to file a First Appeal (under Section 19 of the RTI Act) to the Appellate Authority within the same department. If that also fails, you can file a Second Appeal with the CIC.
- Lesson 3: Focus on Systemic Issues: As seen in this case, RTI can be used not just to get personal information but also to highlight larger administrative or systemic problems. your request to bring attention to how public authorities’ actions (like road repairs) affect citizens, you can prompt wider administrative reforms.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or local body is responsible for road maintenance and building plan approvals in your area.
- Draft Your Application Clearly: State your name, address, and contact details. Clearly mention the information you are seeking, including property details, dates, and the specific documents required.
- Pay the Fee: Attach the prescribed RTI fee (usually ₹10 in the form of an Indian Postal Order or Demand Draft payable to the Accounts Officer of the concerned department).
- Submit and Keep a Copy: Submit your application to the Public Information Officer (PIO) of the relevant authority and keep a dated receipt or a copy of the submitted application for your records.
Sample RTI question you can use:
Please provide a copy of the approved sanction plan for property bearing [Your Property Address/Details], approved around the year [Year of Construction/Approval]. If the original is untraceable, please provide details of any steps taken to locate it and any alternative records available. Additionally, please provide information on the current policy and any recent proposals or decisions regarding the management of road levels in residential areas that may affect property plinth heights.
Conclusion
The issue of rising road levels impacting homeowners is a significant concern that affects many citizens across India. This RTI case demonstrates that while bureaucratic challenges like poor record management exist, the RTI Act provides a powerful avenue for citizens to seek redressal and to bring systemic problems to the notice of higher authorities. your rights under the RTI Act and well-drafted applications, you can contribute to better governance and protect your property rights. Don’t let administrative oversights affect your home; use RTI to find answers and demand action.
