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State of West Bengal - Section

Section 39 in The Building Regulation in Respect of Lands Covered by the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981

39. Rear open space :

Every building or permanent structure in thika tenanted land shall have a rear open space at ground forming an integral part of site, as per the following chart :—
  Rearopenspace Permissibleheight
1 1.20 m. (Minimum) ….. 6.50 m. height of the building, excluding stair-cover notexceeding 2.4 m. in height.
2 2.200m (Minimum) ….. Exceeding 6.5m. But not exceeding 9.50m in height of thebuilding, excluding stair-cover not exceeding 2.40m. In height.
Note : (a) The wider street shall be front of a site and side opposite to it shall be rear. In special circumstances, the Municipal Commissioner may allow the narrower street to be considered as front.
(b)In case of a tandem site furthest away from the access shall be deemed to be rear and the side opposite to rear shall be deemed to be front and from space in such case shall be not less than 60 cm.
Explanation.-"Tandem site" means, a site access to which is by means of a passage from a street, whether such passage forms part of the site or not.