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The action taken to stop the unauthorized construction 
The appellant explained that he is the owner of the 1st floor in a building and an alleged illegal construction has been carried out on top of the 2nd floor, which renders the building unsafe and risky. He filed a complaint and later through an application under the RTI Act, sought the action taken with regards to stop the unauthorized construction report. As he was not satisfied with the reply of the PIO, he filed an appeal and the FAA vide order dated 15.06.2018 directed the PIO to provide a modified reply within 15 days. The PIO complied with the order of the FAA after an inordinate delay of almost 2 years. The appellant submitted that the illegal construction was in the initial stages i.e., only brick-work was started and presently, the unauthorized construction of the alleged illegal building has been completed. The CIC directed the PIO to submit an explanation as to why the order of the FAA was not complied within the stipulated time period. The CIC also directed the PIO to provide an action taken report with regard to the alleged illegal and unauthorized construction after ascertaining the position from SHO.
Unauthorised construction is rampant throughout the country and this case law shows how a common citizen can use it to his benefit. 
Citation: Shri Yogesh Agarwal v. PIO/EE (Bldg.-II), West Zone, SDMC, New Delhi in Second Appeal No. CIC/SDMCW/A/2018/144543, Date of Decision: 12.06.2020

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

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