SRINAGAR: The Excessive Court docket of Jammu & Kashmir and Ladakh lately granted permission to a Kashmir resident to open his home home windows, difficult a civil courtroom’s five-year-old restriction in favour of his neighbour, as reported in Ghulam Nabi Shah v Abdul Gani Sheikh & Ors.
Justice Atul Sreedharan expressed considerations in regards to the lack of readability within the civil courtroom’s order concerning the violation of the petitioner’s neighbour’s rights.
The Court docket said, “Undoubtedly, the petitioner has a proper of opening home windows on his property even when they’re going through in the direction of the home of the plaintiff/respondent.”
Addressing the privateness considerations raised by the respondents, the Court docket dismissed the notion, stating, “The rivalry of the respondents that it could infringe upon the privateness doesn’t maintain water as that is a matter for the defendant/respondent to take essential steps to make sure their privateness.”
The Court docket instructed that the neighbour might safeguard their privateness by utilizing curtains or erecting a wall on their property to make their home invisible from the petitioner’s property.
The case originated from a civil swimsuit in Budgam district, involving disputes over the development of the petitioner’s home, together with considerations in regards to the sloping roof, drain pipes, and the opening of home windows infringing upon the neighbour’s privateness.
In 2018, the trial courtroom granted partial reduction, permitting building however restraining window openings going through the neighbour’s home. The petitioner was additionally directed to stop snowfall and water drainage onto the neighbour’s property.
On the Excessive Court docket, the petitioner argued compliance with building rules and the trial courtroom’s directives. The neighbour, regardless of discover, didn’t seem, main the Court docket to proceed ex-parte.
After verifying compliance with building pointers, the Court docket deemed the window restriction as a violation of the petitioner’s rights and consequently granted the petition.
Advocate MM Iqbal represented the petitioner.
(The featured picture is merely representational)
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