Section 36 in The Building Regulation in Respect of Lands Covered by the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981
36.
(a)No such building on permanent structure exceeding 6.50 m. in height shall be constructed on such a street or passage which is less than 2.40 metre in width :Provided that in the case of a narrower street, the applicant/owner shall set back and keep so much area of land which falls within 1.20 m. from centre line of such road open to sky without raising any boundary wall for all times to come and to be part and parcel of the passage by surrendering the interest of that portion of land to the thika Controller. The applicant shall have to execute and register a deed of declaration and/or undertaking to that effect to the Calcutta Municipal Corporation, in case of such building not exceeding 6.50 m. in height excluding the stair-cover not exceeding 2.40 m. in height :Provided further that in the case of permanent structures abutting on 2.4 metres width of road/passage, height exceeding 6.5 metres may be allowed having light weight sloped roof at the 3rd storey in which case there shall be a set-back of 1.3 metre at the 3rd storey level in front side of the building.(b)No such building or permanent structure exceeding 6.50 m. but not exceeding 9.5 m. in height with stair-cover not exceeding 2.4 m. in height shall be constructed on such a street or passage which is less than 5 metres in width :Provided that in the case of narrower street width such sanction may be given, provided the applicant/owner agrees to undertake by a registered deed of declaration to set back so much of land which falls within 2.5 m. from centre line of such road/passage open to sky for all times to come without raising any boundary wall to be part and parcel of the passage by surrendering the interest of that portion to the Thika Controller. The applicant shall have to execute and register a deed of declaration and/or undertaking to that effect to the Calcutta Municipal Corporation.
