R-3 sold ground floor of his two-storeyed building to appellant inter alia with common right to roof. R-3 decided to construct on the roof. Dispute pertaining to right of R-3 to make construction on roof of the first floor in which he resides, requires to be decided by civil court and not Municipality.
Debabrata Saha V. Serampore Municipality and others (2021) 9 SCC 818