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Can a neighbour build metal roofing that covers my terrace partially
10-Apr-2023 (In Property Law)
A neighbour to my residence in Kolkata has extended a metal roofing, which is inclined, to a large area hovering over my terrace in way that rain water slides down the roof, down-pouring large volumes of water in the middle of my terrace. Also, is it legal for them to open a window on their wall adjoining my terrace in the direction overlooking my terrace? We took advise from an informal meeting with the ward councillor and his team to build a wall and we built a 14-feet wall till the roof. But now the ward councillor and team are asking us to break a part of the wall as it seems it is illegal to build a wall more than 8 feet. Instead he wants us to settle the matter with my neighbours through dialogue, adding that both of us have to stay in that area so better to maintain good relations or else it will be difficult for us to stay there. However, they didn't ask my neighbour to abandon their roof extension and window construction as they have apparently politically aligned interests.
You have to file a case in the respective court in order to secure a court order for this. Initially contact the KMC is necessary with a written letter. If nothing happens with it, then without a court case it would not be possible.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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"covered area" means and includes the area covered by chajja/cornice/roofing, the building rules take care of the minimum size of the side open space of a building, such side open space is calculated from the last point of any projection of the house. Hence the projected roof of your neighbour surely does not fulfil the provision of minimum side open space and accordingly an unauthorised construction and an unauthorised construction is a must to be demolished by law. Once you pray to the Municipality for demolition of the unauthorised construction, if they do not do you approach the Calcutta High Court and pray for demolition of the same. The Hon'ble High Court on many of my matters directed demolition of unauthorised construction. Hence All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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