My plot in Kolkata falls in a residential zone but I want to run a small shop, what does state zoning law permit?

Detailed Legal Analysis

Zoning is governed by West Bengal Premises Tenancy Act 1997 and the zonal development plan applicable to Kolkata. The Calcutta High Court has held that change of user without permission is a violation of the zoning regulation and attracts penalty.

Residential zones generally permit small home-based activity within a percentage of the built-up area, as specified in the bye-laws. You must apply to the municipal authority for a change of user or a mixed-use licence with the prescribed fee.

Commercial activity beyond the permissible limit requires the plot to be in a commercial or mixed-use zone. Parking, signage and noise restrictions apply even for permitted home occupations.

Violation enables the authority to seal the premises and prosecute under the statute.