RTI for Bihar Rajya Avas Board — Housing Plot Allotment, Flat Scheme, Registry and Refund Records

Bihar Rajya Avas Board and the Right to Information Act

Bihar Rajya Avas Board (BRAB), commonly referred to as the Bihar State Housing Board, is the principal state agency responsible for planned housing development across urban centres in Bihar. Established under the Bihar State Housing Board Act, BRAB is mandated to construct and allot residential and commercial properties at affordable rates — particularly for economically weaker sections (EWS), low-income groups (LIG), and middle-income groups (MIG). As a statutory public authority constituted under State Government legislation and funded from state resources, BRAB is squarely covered as a public authority under Section 2(h) of the Right to Information Act, 2005, and is obligated to appoint a Central Public Information Officer (CPIO) and respond to RTI applications within the statutory timelines.

Bihar's urban population has grown substantially over the past two decades. Patna, the state capital, has experienced particularly rapid urbanisation driven by migration from rural districts, growth in the services sector, and infrastructure expansion under successive state government programmes. Cities like Gaya, Bhagalpur, Muzaffarpur, Darbhanga, and Purnia have also seen rising demand for planned housing. BRAB's schemes have been a key instrument through which the state government attempts to channel this demand into organised, legally allotted housing. However, BRAB's track record has been mixed — allotment processes, possession timelines, and registry processes have been the subject of widespread grievances, making RTI filings an increasingly important accountability mechanism for citizens dealing with the Board.

How BRAB Differs from PRDA and BUIDCo

Bihar's urban institutional landscape can be confusing, and it is important to identify the correct public authority before filing an RTI application. Three bodies are commonly (and incorrectly) treated as interchangeable:

Bihar Rajya Avas Board (BRAB) is the housing board that designs, constructs, and allots residential plots and flats under BRAB housing schemes. If you have applied for or been allotted a plot or flat under a scheme named or advertised as a "BRAB scheme" or "Avas Board scheme," BRAB is your RTI target. BRAB also plays a coordinating role in PMAY-Urban implementation in several cities.

Patna Regional Development Authority (PRDA) is the statutory development authority for the Patna urban agglomeration, functioning somewhat like a Development Authority in other state capitals. PRDA handles the Patna Master Plan, layout approvals, building plan sanctions, and development of new sectors within its jurisdiction. PRDA is not a housing allotment body in the same sense as BRAB — it does not typically run large-scale public housing lotteries for individual plots in the way BRAB does, though it may develop and sell plots in PRDA-planned areas. If your query relates to a building plan approval, land use change, or layout sanction in Patna, the PRDA CPIO is the correct recipient. PRDA is a State Government body; second appeals go to BSIC.

Bihar Urban Infrastructure Development Corporation (BUIDCo) is a government company under the Urban Development and Housing Department that implements urban infrastructure projects — water supply, sewerage, solid waste management, urban roads, Atal Mission for Rejuvenation and Urban Transformation (AMRUT) projects, and Smart City Mission works. BUIDCo is a project-executing agency, not a housing allotment body. RTI applications about BUIDCo project contracts, fund utilisation, or work status should be addressed to BUIDCo's CPIO. BUIDCo is a State Government company; second appeals go to BSIC.

When filing an RTI application, read the scheme brochure or allotment letter carefully to identify which body is the allotting authority. The name of the body will be printed on the brochure and the allotment letter.

BRAB Housing Scheme Types and the Allotment Process

BRAB operates several categories of housing schemes across Bihar's urban centres:

Residential Plot Schemes — BRAB develops land, divides it into plots of varying sizes, and allots plots to applicants through a public lottery. Allottees are given possession of the plot and typically construct their own house.

Flat Schemes — BRAB constructs multi-storey residential buildings and allots individual flats to applicants through a lottery. These schemes are categorised as EWS, LIG, MIG, and HIG depending on flat area and price.

Mixed Schemes — Some BRAB schemes include both plots and flats within a single township or colony, sometimes with commercial plot components as well.

PMAY-Urban Linked Schemes — Under the Affordable Housing in Partnership (AHP) component of PMAY-Urban, BRAB may develop affordable housing specifically for eligible EWS/LIG beneficiaries, with Central and State Government subsidy support.

The standard allotment process under BRAB schemes typically proceeds as follows:

1. Public advertisement — BRAB publishes a scheme advertisement in newspapers and on its website inviting registrations for a new scheme.
2. Registration and earnest money deposit — Interested applicants submit an application form with the prescribed registration/earnest money deposit (paid by demand draft or online). All valid applicants receive a registration number.
3. Draw of lots (lottery) — On the appointed date, BRAB conducts a public lottery (draw of lots). For large schemes, this is typically done through a computerised random selection process in the presence of government officers, witnesses, and often members of the public. Successful applicants receive an allotment letter; remaining applicants are placed on a waitlist in the order drawn.
4. Allotment letter and instalment payment — Successful allottees receive an allotment letter specifying the plot/flat number, area, location, allotment price, and instalment schedule. Allottees must begin paying instalments as per the schedule.
5. Construction and possession — For flat schemes, BRAB constructs the units. Upon completion, BRAB issues a completion/occupancy certificate and offers possession to allottees. For plot schemes, possession is offered after development of internal infrastructure (roads, drainage, water supply connections).
6. Registry — After full payment and possession, BRAB issues a No-Objection Certificate (NOC) for the conveyance deed (sale deed). The allottee takes this NOC to the Sub-Registrar's office to execute and register the sale deed, completing the legal transfer of title.

Common RTI Use Cases for BRAB

1. Lottery Transparency — Draw Records and Waitlist

The draw of lots is the most critical and contested step in any BRAB scheme. Applicants who do not receive an allotment frequently suspect that the lottery was conducted unfairly, that duplicate applications were registered by officials' relatives, or that the computerised draw was manipulated. RTI is the most effective legal tool to examine the lottery process.

Using RTI, you can compel BRAB to disclose: the total number of applications received in each category, the total number of units offered in each category, the method used for the draw (computerised or physical ballot), the name of the software used for computerised draws, the names and designations of the presiding officer and witnesses, the draw sequence list (application numbers of all selected applicants and their waitlist rank), and the certified minutes of the draw proceedings. The authority may legitimately decline to disclose the names of all allottees if it cites privacy concerns under Section 8(1)(j), but it cannot refuse to disclose application numbers, draw sequence, and the total statistics. Inconsistencies in the disclosed draw sequence — such as application numbers outside the valid registration range appearing in the list — provide a factual basis for a complaint to the Vigilance Department or the Patna High Court.

2. Refund — Cancellation, Refund Register, Interest, and Delay

When a BRAB allotment is cancelled — whether because the allottee surrendered voluntarily, failed to pay instalments, or was found ineligible — the allottee is entitled to a refund of the amounts deposited, often with interest (the rate and terms depend on the scheme brochure and BRAB regulations). In practice, refunds have been significantly delayed for many allottees, sometimes running into years. RTI applications can demand disclosure of the refund register for a specific scheme, showing all pending refund cases, the amounts outstanding, and the reasons for delay. This information can be used to file a consumer forum complaint or a writ petition before the Patna High Court compelling refund with interest and, in appropriate cases, compensation for the delay.

3. Possession — Construction Delays, Occupancy Certificate, Force Majeure Claims

A persistent complaint against BRAB is the gap between the possession date promised in the scheme brochure and the actual date on which possession is offered. Allottees have paid instalments on time but waited years — sometimes more than a decade — for possession of a flat or plot. Common reasons cited by BRAB include: incomplete construction, pending external infrastructure (municipal water supply, road connectivity), court stays obtained by parties disputing the land acquisition, or financial constraints. RTI can establish the documented record: the scheduled possession date (from the brochure), the date of issuance of the completion or occupancy certificate, the actual date of possession offer, and the internal files showing the reason for delay. This record is the factual foundation for a consumer forum claim for interest on instalments paid during the delay period, or for a refund with interest if the allottee chooses to surrender.

4. Registry — Sale Deed, NOC, Stamp Duty, Mutation

Completing the registry of an allotted BRAB plot or flat involves multiple steps: clearing all dues, obtaining the NOC from BRAB's accounts, revenue, and engineering wings, paying stamp duty and registration fees at the Sub-Registrar's office, and finally executing the conveyance deed. Allottees who have paid the full consideration often find that NOCs are delayed indefinitely by BRAB's internal processes. RTI can identify the specific step at which the process is stuck, the officer responsible, and the prescribed time limit for each step. The authority's own written response confirming full payment but acknowledging non-issuance of the NOC is strong evidence for a consumer forum or High Court petition.

5. PMAY-Urban — Beneficiary Lists, Subsidy Records, Construction Verification

Under PMAY-Urban, BRAB and Urban Local Bodies maintain records of beneficiaries, subsidy disbursements, and construction progress. RTI is the primary mechanism for civil society, journalists, and aggrieved applicants to access this data. Common uses include: verifying whether a specific applicant's name is on the beneficiary list, checking the subsidy amount disbursed, obtaining the construction verification report for a specific house, and examining whether ineligible beneficiaries (who own other houses) have received benefits. For PMAY-Urban data related to a specific Urban Local Body's own schemes (not BRAB-administered), the RTI should be addressed to the CPIO of that Urban Local Body (Municipal Corporation Commissioner's office, or Nagar Parishad/Nagar Panchayat Executive Officer).

6. Irregular Allotments — How RTI Exposes Departures from Lottery Process

BRAB's lottery-based allotment process is intended to ensure equal and transparent access to housing. However, RTI filings and subsequent investigations have occasionally revealed allotments made outside the lottery process — for example, allotments under "special quotas" not announced in the original scheme advertisement, allotments to persons who did not meet the eligibility criteria (income, property ownership), or multiple allotments to members of the same family who registered under different names. RTI can expose these irregularities by seeking: the complete allotment register for a scheme, the eligibility documents obtained from each allottee, the reserved category quota utilisation, and the records of any special or out-of-turn allotments. Information obtained through RTI has formed the basis for public interest litigation and vigilance inquiries in several states, and the same approach is available for BRAB schemes.

Bihar's Urban Housing Demand and the Significance of BRAB

Patna's population, now well above 2 million in the metropolitan area, has grown substantially faster than the supply of planned housing. Rapid migration from rural Bihar — driven by educational opportunities (Patna's coaching centres, colleges), government employment, and economic activity — has created intense demand for affordable urban housing. Bihar's overall urbanisation rate remains below the national average, but urban growth is concentrated in Patna and a few secondary cities, making the pressure on urban housing systems severe in these pockets.

BRAB's schemes, while important, have not kept pace with demand. The gap between available units and applicants in any given BRAB scheme can be enormous — a scheme offering 500 EWS flats in Patna may receive tens of thousands of applications. This imbalance heightens the stakes of the lottery process and makes transparency in draw proceedings especially important. It also means that waitlisted applicants — the vast majority — have a strong interest in knowing the precise waitlist sequence and the criteria by which waitlist positions are converted into allotments.

PMAY-Urban, launched in 2015 with a mandate of "housing for all" by 2022 (subsequently extended), has brought additional Central Government resources and visibility to urban housing in Bihar. BRAB's role in PMAY-Urban implementation has expanded its public accountability footprint, because Central Government scheme funds come with audit, verification, and public disclosure requirements that did not previously apply to purely state-funded BRAB schemes.

Identifying the Correct CPIO

BRAB has a head office in Patna and regional or zonal offices in other cities. Large schemes may be administered primarily from the regional office of the city where the scheme is located. To identify the correct CPIO:

• If your scheme is located in Patna, the BRAB Head Office CPIO in Patna is typically the right recipient, though the scheme's day-to-day administration may be at a Patna regional office. Address the application to the Head Office CPIO and state the scheme name clearly.
• If your scheme is in Gaya, Bhagalpur, Muzaffarpur, Darbhanga, or another city, address the RTI to the CPIO at the BRAB Regional/Zonal Office for that city.
• If you are unsure, address the application to the Head Office CPIO in Patna and request that it be transferred to the appropriate CPIO under Section 6(3) of the RTI Act if the information is held by a different office. Under Section 6(3), the CPIO is required to transfer the application to the correct CPIO within five days of receipt.

Filing an RTI Application with BRAB

Online filing — BRAB, as a state body, does not typically accept RTI through the Central Government's rtionline.gov.in portal. Some states have their own RTI portals; Bihar's state RTI portal should be checked for current availability. If an online portal is not operational or accessible, proceed by postal/physical submission.

Postal or in-person filing — Address your RTI application to the CPIO at the relevant BRAB office (head office in Patna or the appropriate regional office). The application should be in writing (typed or handwritten clearly), in English or Hindi. Enclose a crossed demand draft or Indian Postal Order (IPO) for ₹10 in favour of the "Accounts Officer, Bihar Rajya Avas Board" (confirm the exact payee name with the office). Send by speed post with acknowledgment due, so you have proof of delivery and date of receipt.

Fee exemption — BPL (Below Poverty Line) cardholders are exempt from the ₹10 fee under Section 7(5) of the RTI Act, 2005. Attach a self-attested photocopy of the BPL ration card.

Specificity — The more specific your application, the more useful the response. Always mention: the exact name of the scheme, your application/registration number, allotment number (if allotted), the category (EWS/LIG/MIG/HIG), and the city/district. Vague applications receive vague or evasive responses.

Multiple offices — If your query spans both a BRAB scheme (allotment, possession, refund) and a PMAY-Urban component (subsidy, construction verification), consider filing separate RTI applications — one with the BRAB CPIO and one with the relevant Urban Local Body's CPIO.

First Appeal under Section 19(1)

If the BRAB CPIO does not respond within 30 days of receipt, or provides an incomplete or evasive response, file a First Appeal under Section 19(1) of the RTI Act, 2005, with the First Appellate Authority (FAA) designated by BRAB. The First Appeal must be filed within 30 days of the date of the CPIO's decision or the expiry of the 30-day response period, whichever is applicable. The FAA must dispose of the appeal within 30 days, extendable to 45 days for recorded reasons. No fee is payable. Attach the original RTI application and the CPIO's response (if any) to the First Appeal.

Second Appeal to Bihar State Information Commission (BSIC)

If the First Appeal is also unsatisfactorily decided — or if the FAA fails to respond within 30/45 days — file a Second Appeal under Section 19(3) of the RTI Act, 2005, with the Bihar State Information Commission (BSIC). This is the correct appellate body for all Bihar State Government public authorities, including BRAB. Do not file with the Central Information Commission (CIC) — CIC has no jurisdiction over state government bodies, and a misfiled appeal will be returned.

The Second Appeal must be filed within 90 days of the FAA's decision or the expiry of the FAA's response period. BSIC, on finding that the CPIO has unjustifiably withheld or delayed information, may impose a penalty of ₹250 per day of delay on the CPIO personally, up to a maximum of ₹25,000 per RTI application, under Section 20 of the RTI Act, 2005. BSIC may also direct BRAB to furnish the information and may recommend disciplinary action against the defaulting CPIO.

Practical Tips for RTI with BRAB

• Mention scheme name and your registration/allotment number in every request. BRAB handles multiple schemes across multiple cities. Without this information, the CPIO cannot locate the relevant file and is likely to give a generic or unhelpful response.
• For PMAY-Urban matters, also approach the Urban Local Body. If BRAB's role in PMAY-Urban is limited to coordination, the Urban Local Body (Municipal Corporation / Nagar Parishad / Nagar Panchayat) that directly implemented the scheme may hold the primary records. File a parallel RTI with the ULB's CPIO.
• For development authority matters in Patna, file with PRDA. BRAB does not handle building plan sanctions, master plan issues, or development authority approvals in Patna. Those are PRDA's domain.
• Preserve all postal receipts and acknowledgments. These establish the date of receipt, which is critical for computing the 30-day response deadline and, subsequently, the appeal timelines.
• Ask for certified copies. When seeking key documents — allotment letters, draw minutes, completion certificates, refund orders — ask specifically for "certified copies" of those documents. A certified copy is admissible as evidence before courts and consumer forums.
• Consumer forums are a parallel remedy. RTI and consumer forum complaints are not mutually exclusive. RTI establishes the factual record (possession not given, refund not paid, NOC not issued); the consumer forum (District Consumer Dispute Redressal Commission or State Commission) provides monetary compensation and directions. Many allottees file both simultaneously.