RTI for UP Avas Evam Vikas Parishad — Plot Allotment, Flat Scheme, Registry and Refund Records

Uttar Pradesh Avas Evam Vikas Parishad (UPAVP) and the RTI Act

The Uttar Pradesh Avas Evam Vikas Parishad (UPAVP), commonly known as the UP Housing Board or Avas Vikas Parishad, is the principal state housing authority of Uttar Pradesh. Established in 1965 under the UP Avas Evam Vikas Parishad Adhiniyam, 1965 — a state legislation enacted by the Uttar Pradesh Legislature — UPAVP was created with the mandate of providing affordable housing to the people of UP across economic categories. In the six decades since its establishment, UPAVP has launched over 600 housing schemes in cities and towns spread across the entire state, making it one of the largest state housing boards in India by geographic spread and number of schemes.

UPAVP is headquartered at 104 Mahatma Gandhi Road, Lucknow, under the administrative oversight of the Housing and Urban Planning Department, Government of Uttar Pradesh. The organisational structure of UPAVP is headed by the Housing Commissioner, who is the apex executive authority. Below the Housing Commissioner are Regional Housing Commissioners and District offices that manage scheme-specific administration in their territorial jurisdictions. UPAVP's active cities include Lucknow, Agra, Kanpur, Varanasi, Prayagraj (formerly Allahabad), Ghaziabad, Aligarh, Bareilly, Gorakhpur, Moradabad, Meerut, Saharanpur, Mathura, Firozabad, Jhansi, and several other urban and semi-urban centres across UP.

As a body established under a state law and funded through the state government's housing budget as well as allotment proceeds, UPAVP is a public authority under Section 2(h) of the Right to Information Act, 2005. This means that citizens have a statutory right to seek records, documents, data, and information held by UPAVP, subject only to the limited exemptions listed in Section 8 and Section 9 of the RTI Act. Every UPAVP regional office and the head office in Lucknow is required to designate a Central Public Information Officer (CPIO) and a First Appellate Authority (FAA), and must respond to RTI applications within 30 days of receipt.

UPAVP Is Not the Same as the Development Authorities — Identifying the Right CPIO

One of the most critical points for any RTI applicant in Uttar Pradesh is to distinguish UPAVP from the various Development Authorities that operate in UP's major cities. UPAVP and the Development Authorities are entirely separate statutory bodies with separate CPIOs, separate appeal chains, and separate scheme records. Filing an RTI about a UPAVP scheme with a Development Authority's CPIO — or vice versa — will result in the application being returned or transferred, wasting the 30-day statutory window.

The major Development Authorities in Uttar Pradesh that are commonly confused with UPAVP are:

The Lucknow Development Authority (LDA), which plans and develops urban sectors, housing schemes, and commercial zones in Lucknow city and its peripheral areas. LDA's schemes — such as Gomti Nagar Extension, Vasant Kunj, and other LDA colonies — are entirely separate from UPAVP schemes in Lucknow. If your plot or flat was allotted by LDA, your RTI must go to LDA's CPIO.

The Agra Development Authority (ADA), which manages planned development and housing in the Agra urban region. ADA's housing schemes in Agra are separate from UPAVP's schemes in Agra.

The Ghaziabad Development Authority (GDA), the planning and development authority for the Ghaziabad urban agglomeration. GDA manages its own residential and commercial schemes, separate from any UPAVP schemes in Ghaziabad.

The New Okhla Industrial Development Authority (Noida Authority), which is the authority for the entire planned Noida township (Sectors 1 to 168 and beyond). Noida Authority is a distinct body under the UP Industrial Area Development Act, 1976 — it is not part of UPAVP and has its own CPIO.

The Greater Noida Industrial Development Authority (GNIDA or Greater Noida Authority), which manages Greater Noida — similarly established under the UP Industrial Area Development Act, 1976, and entirely distinct from UPAVP.

The Yamuna Expressway Industrial Development Authority (YEIDA), which manages the Yamuna Expressway corridor from Greater Noida to Agra, including housing and commercial plots along the expressway.

The rule is straightforward: if your allotment letter, scheme brochure, or scheme advertisement is issued under the name "Uttar Pradesh Avas Evam Vikas Parishad" or "UP Housing Board" or "Avas Vikas," the RTI must go to UPAVP's CPIO for the relevant city/region. If the issuing authority is LDA, GDA, Noida Authority, Greater Noida Authority, or any other Development Authority, the RTI must go to that specific authority's CPIO.

Types of Housing Schemes Managed by UPAVP

UPAVP manages three broad categories of assets across its schemes:

Residential Plots: Developed and demarcated land parcels of various sizes, allotted to individuals for self-construction of residential houses. Plots are typically offered in sizes ranging from small EWS plots (around 30–50 square metres) to larger HIG plots (200 square metres and above), depending on the scheme.

Apartment Flats: Multi-storey residential flats constructed by UPAVP and allotted to individuals. Flats are offered under EWS (studio and 1BHK), LIG (1BHK and 2BHK), MIG (2BHK and 3BHK), and HIG (3BHK and larger) categories.

Commercial Plots: Commercial plots within residential schemes, offered to support local commerce.

The income categories used by UPAVP broadly follow national housing policy guidelines: the Economically Weaker Section (EWS) covers households with annual family income up to approximately ₹3 lakh; the Low Income Group (LIG) covers households with annual income between ₹3 lakh and ₹6 lakh; the Middle Income Group (MIG) covers households with annual income between ₹6 lakh and ₹18 lakh; and the High Income Group (HIG) covers households above ₹18 lakh. Exact income limits are notified in each scheme's brochure and may vary.

UPAVP is also a designated implementing agency for components of the Pradhan Mantri Awas Yojana (Urban) (PMAY-U), the Central Government's flagship affordable housing scheme. PMAY-U linked UPAVP schemes in the Beneficiary-Led Construction (BLC) and Affordable Housing in Partnership (AHP) components have been launched in various cities. RTI for PMAY-U component information should go to both UPAVP (for scheme-level implementation data) and potentially the Ministry of Housing and Urban Affairs (for Central Government data on funds released to UP).

The Lottery Allotment Process: From Application to Possession

Understanding UPAVP's allotment process is essential to crafting effective RTI applications.

Step 1 — Scheme Advertisement: UPAVP publishes the scheme brochure in newspapers, on its website, and through its offices. The brochure specifies the scheme name, city, category of units, total number of units, allotment price, application registration fee, and the application window dates.

Step 2 — Online or Offline Application: Applicants submit application forms along with the registration/earnest money deposit. Applications can be submitted online through UPAVP's online portal or through authorised bank branches. The registration amount (which is part of the total allotment price) is collected at this stage.

Step 3 — Draw of Lots (Lottery): If the scheme is over-subscribed (more applications than units), UPAVP conducts a computerised random draw. The draw is supposed to be conducted transparently, in the presence of designated witnesses and, ideally, a gazetted government officer. Successful allottees are selected by the draw, and the remaining eligible applicants are ranked in draw sequence order on the waitlist.

Step 4 — Allotment Letter: Successful allottees receive allotment letters specifying the plot/flat number, allotment price, instalment payment schedule, and the scheduled date of possession.

Step 5 — Payment of Instalments: Allottees pay the balance of the allotment price in instalments over a specified period. Delayed instalment payments attract penal interest.

Step 6 — Development and Possession: UPAVP completes development work (infrastructure, utilities, construction of flats) and offers possession to allottees once a completion or occupancy certificate is obtained.

Step 7 — Registry: After full payment, UPAVP issues a No-Objection Certificate (NOC) for registry, and the allottee executes a sale deed / conveyance deed at the Sub-Registrar's office.

Delays at Steps 5, 6, and 7 are the most common sources of RTI applications and legal disputes involving UPAVP.

Common RTI Use Cases with UPAVP

1. Verifying Allotment: Lottery Result Records and Waitlist Status

When an applicant does not receive an allotment letter despite claiming eligibility, or suspects that the draw was not conducted fairly, RTI is the appropriate mechanism to obtain draw records. RTI can compel UPAVP to disclose: the date and method of the lottery draw, the total number of applications received in each category, the list of successful allottees by application number, the waitlist rank of a specific application, and the minutes of the draw proceedings. If the CPIO provides the draw records and they reveal inconsistencies — applications registered after the cutoff date receiving allotments, multiple allotments to the same family, or draw proceedings without independent witnesses — this documented evidence can support a complaint to UPIC or the Allahabad High Court.

2. Refund Claims: Cancelled Allotments and Registration Money Refunds

When an allotment is cancelled — for non-payment of instalments, voluntary surrender, or misrepresentation — the allottee is entitled to a refund of the amount deposited, minus applicable forfeiture charges. Under the Adhiniyam and scheme terms, refunds are supposed to be processed within a defined period and must carry interest for delayed refund. In practice, UPAVP's refund processing has been notoriously slow in many regions, with cases pending for years. RTI is effective here because the CPIO's written response acknowledging the deposit, the amount due, and the delay becomes documentary evidence for a consumer forum complaint. The District Consumer Dispute Redressal Commission and the UP State Consumer Commission have repeatedly directed UPAVP to refund amounts with interest and pay compensation for harassment.

3. Possession Delays: Construction Completion and Force Majeure Claims

Possession delays are a major grievance across UPAVP's flat schemes, particularly in apartment projects where construction timelines were missed by years. RTI is used to establish: the scheduled possession date from the brochure, the actual date on which the occupancy/completion certificate was issued, the reasons for the delay, and whether any force majeure event or court stay was genuinely responsible. UPAVP has in some cases cited court stays on land acquisition or litigation by displaced farmers as force majeure. RTI is the mechanism to verify whether such a court stay was actually in place during the period of delay, by requesting copies of the relevant court orders. If the CPIO's response reveals that no court stay was in place but possession was still withheld, this contradicts the force majeure claim and strengthens the case before the consumer forum or the High Court.

4. Registry: Execution of Sale Deed, Stamp Duty, and Mutation

Registry delays — the failure of UPAVP to issue a conveyance NOC and of the Sub-Registrar to execute the sale deed — are another major category of RTI applications. Many allottees who have made full payment find that their plots or flats remain unregistered years later because UPAVP has not issued the NOC or because there are pending stamp duty disputes. RTI can be used to obtain the current registry status for a specific allottee, the standard processing time for NOC issuance, and copies of UPAVP's internal communication with the Sub-Registrar. Unregistered property cannot be sold, mortgaged, or inherited with clear title, making registry delays a genuine hardship. An RTI response from UPAVP confirming full payment but pending NOC issuance is strong evidence for a mandamus petition before the Allahabad High Court.

5. Irregular Allotments: RTI to Expose Allotments Without Draw

In a small number of cases — particularly for commercial plots or for specific reserved-category allotments — allegations arise that UPAVP made allotments outside the draw process, by direct discretionary allotment to politically connected individuals or officials' relatives. RTI is the tool to probe this: requesting the complete allotment register for a scheme, the criteria under which any allotment was made outside the lottery, and the authority that approved such discretionary allotment. If the CPIO's response reveals that allotments were made to identifiable individuals without a draw, this information is the foundation for a media complaint, a Vigilance Bureau referral, or a PIL before the Allahabad High Court.

6. Cancelled Allotments Re-allotted: Transparency in the Re-allotment Process

When plots or flats become available again due to cancellations, the re-allotment process should ideally follow the waitlist or a fresh lottery. In practice, there have been complaints of cancelled units being re-allotted through informal or opaque processes. RTI can request: the list of units cancelled in a scheme over a specified period, the process followed for re-allotment of cancelled units, whether re-allotments were made to waitlisted applicants in draw-sequence order, and whether any re-allottees are relatives of UPAVP officers or employees.

How to Identify the Correct CPIO

UPAVP has regional and district offices across UP, and the correct CPIO depends on which city's office manages your specific scheme. As a general rule:

• If your scheme is in Lucknow or nearby districts under Lucknow Regional office jurisdiction, address the RTI to the CPIO, UPAVP Regional Office, Lucknow.
• If your scheme is in Agra, address it to the CPIO, UPAVP Regional Office, Agra.
• If your scheme is in Kanpur, Varanasi, Prayagraj, Ghaziabad, Aligarh, Bareilly, Gorakhpur, Moradabad, or another city, address it to the CPIO at the relevant regional or district UPAVP office.
• For Head Office records (scheme-level aggregate data, policy records, Housing Commissioner-level data), address to the CPIO, UPAVP Head Office, 104 Mahatma Gandhi Road, Lucknow – 226001.

If you are unsure which CPIO is correct, you may address the application to the CPIO at the Head Office and request transfer under Section 6(3) if the records are held by a regional office.

How to File an RTI Application with UPAVP

Online: The primary filing portal for UP State bodies is rtionline.gov.in (the Central Government portal also accepts some state applications) — check if UPAVP is accessible via this portal, or file directly through any UP State RTI online system if available. For most reliable online filing, use rtionline.gov.in and select UPAVP from the list of public authorities.

By Post: Prepare a written application on plain paper, addressed to the CPIO of the relevant UPAVP office. Attach an Indian Postal Order (IPO) of ₹10 drawn in favour of the Accounts Officer, UPAVP (confirm the exact payee name with the office before purchasing the IPO). Send by registered post with acknowledgment due so you have proof of delivery.

BPL Exemption: Citizens holding a valid BPL (Below Poverty Line) ration card are exempt from the ₹10 fee under Section 7(5) of the RTI Act. Attach a self-attested photocopy of the BPL ration card.

First Appeal under Section 19(1)

If UPAVP's CPIO does not respond within 30 days, or provides an incomplete or evasive response, file a First Appeal with the First Appellate Authority (FAA) of UPAVP. The FAA is typically a senior officer within the same body — the Regional Housing Commissioner or a senior officer designated for this purpose. The First Appeal must be filed within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable. No fee is payable. Include in your First Appeal: the RTI application date and acknowledgment number, the response received (if any) and why it is inadequate, and the specific information still sought. The FAA must decide within 30 days (extendable to 45 days in writing).

Second Appeal to the Uttar Pradesh Information Commission (UPIC)

If the First Appeal is also unsatisfactory, or if the FAA does not respond within the prescribed period, file a Second Appeal with the Uttar Pradesh Information Commission (UPIC) under Section 19(3) of the RTI Act. File within 90 days of the FAA's order or the expiry of the FAA's decision period.

Do not file the Second Appeal with the Central Information Commission (CIC). UPAVP is a State Government body; the CIC has no jurisdiction over it. Second appeals filed with the CIC will be returned as not maintainable.

UPIC can:

• Direct UPAVP to provide the information sought.
• Impose a penalty of ₹250 per day on the CPIO personally for unjustified delay, up to a maximum of ₹25,000 per RTI application, under Section 20 of the RTI Act.
• Recommend disciplinary action against the defaulting CPIO to the competent authority.
• Award compensation to the applicant for loss or detriment suffered due to the CPIO's default, under Section 19(8)(b).

Practical Tips for UPAVP RTI Applications

Always mention the scheme name and allotment/application reference number. UPAVP manages hundreds of schemes across UP. An RTI application that specifies only a general description without the scheme name, city, and application number will receive a vague or incomplete response. The more precisely you identify the scheme and your application, the more targeted the CPIO's response will be.

Request specific records by date range. When asking for aggregate data (e.g., cancelled allotments), always specify the time period (e.g., "from 1 January 2020 to 31 December 2025"). Open-ended requests without date ranges tend to be declined for being overly broad.

Note that beneficiary lists of public allotments are generally disclosable. The Supreme Court and various High Courts, including the Allahabad High Court, have held that allotments made by government housing bodies through public schemes are matters of public interest. The beneficiary list of a publicly advertised housing scheme — identifying allottees by application number and allotment details — is generally disclosable under the RTI Act. The CPIO may withhold individual names under Section 8(1)(j) if specific privacy interests are demonstrated, but scheme-wise aggregate data and draw sequence records by application number must be provided.

If possession is delayed, ask for the completion certificate date explicitly. The gap between the scheduled possession date (from the allotment letter or scheme brochure) and the actual completion certificate date is the core factual question for any possession-delay complaint. The CPIO's answer to this specific question — or a refusal to provide it — is the most important piece of evidence you will obtain via RTI.

Retain all acknowledgment receipts. Whether filing online (save the application number) or by post (retain the registered post receipt and acknowledgment slip), keep proof of filing. This is essential for the First Appeal and Second Appeal, and for computing the 30-day response period.