Srinagar- A family in Budgam has been allowed by the High Court of J&K and Ladakh to construct windows of their house, more than five years after being restrained to do so by a civil court upon a suit by their neighbour.
A bench of Justice Atul Sreedharan also rejected the contention by the neighbour about infringing upon the privacy, underling that it was for them to take necessary steps to ensure the same.
“Undoubtedly, the petitioner has a right of opening of windows on his property even if they are facing towards the house of the plaintiff/respondent (neighbour),” the Court said while allowing plea from a resident of Yarikhah area of Khansahib Budgam, seeking court’s permission to allow him construct window facing towards his neighbour after being restrained by a civil court in July 2018.
“The contention of the respondent (neighbour) that it would infringe upon the privacy, does not hold water as that is an issue for the defendant/respondent to take necessary steps to ensure their own privacy.”
The Court said the neighbour can protect privacy “by placing curtains on their windows or by raising a wall on their property which would make their house invisible from the property of the petitioner.”
In his plea, the Budgam man had submitted that the construction is being carried out on his own property and that the same is not in violation of any of the local laws. The directions given by courts below with regard to manner of construction of roof and the facing away of the drain pipes have been complied with by him, ensuring that snow does not cascade down or the rain water flow into the property of the neighbour.
The court below in July 2018 had restrained the man from opening the windows facing the neighbour’s house.
He was also directed to ensure that the roof is constructed in such a manner that snow does not cascade on the property of the neighbour as well place the pipes in such a manner that water does not fall into the others property.
Before the High Court, the man submitted that there was no allegation of violation of any law as a result of the construction.
Despite notice, the neighbour did not enter an appearance in this case. The Court thus proceeded ex-parte in the matter.
“The petitioner is granted permission to construct windows of his house. The orders below stands modified only to that extent,” the High Court said.
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