KOLKATA: You would have heard of 'a bridge too far' but this is a bizarre case of 'a flyover too close'.

Residents of Vivekananda Road in north Kolkata have moved Calcutta high court against the construction of the Vivekananda Road flyover which is actually brushing against their houses. At places, residents can actually reach out of their windows and touch the concrete structure. The court has admitted the petition.

Around three years ago, KMDA along with IVRCL Ltd started laying pillars on the Girish Park side of Vivekananda Road from near Haryana Bhavan. The flyover will extend to the Posta and Manicktala crossings on either end.

"After the pillars were laid, my clients Uma Shankar Behani and others came to know from the project engineers that the flyover will pass extremely close to their homes and offices, possibly a gap of less than one and a half feet. No other flyover in the city has been built so close to buildings. My clients are worried that the flyover will not only endanger their buildings, but cut off air and light. On July 24, I wrote to the KMDA and the state government on my clients' behalf, urging them to prepare a Land Use and Development Control Plan and publish a public notice inviting objections from people," said advocate Chandra Sekhar Jha, who moved the petition in court.

The residents also met the local MLA. Work on the flyover was suspended from mid-2011 to March 2012 and people felt that KMDA had taken steps to rectify the situation. However, construction resumed thereafter according to original plans.

In their letter to the MLA, the residents had pointed to how the width of certain flyovers in Kolkata and elsewhere had been reduced in the past along certain stretches to accommodate objections.

"We don't intend to stand in the way of development but this is too much. We had asked them to call us when they were finalizing the plans. We even went to their offices and asked to see the plans but they refused to comply. Safety and security of our homes will be compromised. All that we are asking for is to leave some space. In some places, the gap is less than a foot. After all, our houses aren't illegal. We are law-abiding citizens. It is another matter altogether that the road is narrow. There were no plans to build a flyover here when the houses were constructed several decades ago. We only want them to leave a space of 4 to 5 feet. Hopefully, they will reveal their plans in court," Behani said.

In his petition, Jha has stated that his clients were not aware of the design till actual construction started. Under law, KMDA is supposed to publish the plan and allow the petitioners to file objections.

"Construction of the flyover will lead to infringement/diminution of light and air, thereby affecting the habitability and ventilation of the concerned buildings. Hence, the buildings would become unfit for comfortable human occupation. The privacy of the inhabitants and occupiers of the buildings would be highly prejudiced and their right to life will be put into jeopardy. Their personal, fundamental and Constitutional rights would be violated. Since the respondent authorities are in a position of public trust, they are not allowed to curtail or violate the personal, fundamental and Constitutional rights of citizens," Jha has stated in his petition.

The petitioners have prayed for restraining orders against KMDA to prevent it from carrying out further construction till the case is disposed.

The KMDA doesn't seem to be in any mood to alter their plans. According to KMDA chief executive officer Vivek Bharadwaj, the flyover "is not entering anybody's house". "If we make the flyover width narrower at that particular spot, then accidents can occur," he said.