rajindia (owner) 28 February 2014

Rti -how to file criminal case against municipal authorities

Hello,

I have been filing several RTI requests regarding hanging cables above our building which further cross the municipal roads, unauthorized shops setup next to our building,illegal hoardings/handouts/bills stuck on walls. However, most of the times I am receiving irrelevant reply. I have also received a reply saying that the concerned official is not cooperating with the reply, so he has been served a show cause notice. I have also received utterly false replies that the anti-encroachment department has served notices and the concerned have actually removed the encroachment, despite the fact that they have not dome anything on ground.

I suspect that municipal authorities are extracting bribes from the concerned and hence not taking any action.

Can I file police complaint to anti-corruption grounds (to ACB branch) against the municipal authorities and state the reasons? What is the best way out? what are the IPC codes involved in such matter? Please suggest and also advise the procedure.

Thanks a lot in advance.

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 February 2014

You cannot give complaint to ACB. It is comes under appeal on RTI to the higher authorities

Suneet Gupta (www.vashiadvocates.com) 01 March 2014

You have received a false reply from the RTI, that the encroachments have been removed when these are still present. In this case you have two options - either file an appeal under RTI for false information, or file a criminal complaint against the encroachers in the local police station on the basis of the RTI reply, which mentions their encroachment as illegal.

You can also complaint to the higher municipal authorities against the inaction by the local officers, but filing a criminal complaint against them will require more proof or more audacity (like AAP).

Sudhir Kumar, Advocate (Advocate) 11 March 2014

you have not been give clearly query as to on what material you wish to move to ACB.

In case of misuse of official position for conferring undue benefit the ACB as a jurisdiction to file case u/s 13(1)(d) of Prevention of Corruption Act.

rajindia (owner) 11 March 2014

Thanks for your reply.

A few examples are: The false reply that the encroachments were removed, similarly, refusal to act against the illegal aerial cables

These acts on the part of the municipal authorities are mainly because their personnel receive bribes regularly. Hence the intention to reach the ACB.