Kashmir Man Granted Permission By High Court to Open Windows After Five Year Legal Battle

Kashmir Man Granted Permission By High Court to Open Windows After Five Year Legal Battle

SRINAGAR: The High Court of Jammu & Kashmir and Ladakh recently granted permission to a Kashmir resident to open his house windows, challenging a civil court’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 concerns about the lack of clarity in the civil court’s order regarding the violation of the petitioner’s neighbour’s rights.

The Court stated, “Undoubtedly, the petitioner has a right of opening windows on his property even if they are facing towards the house of the plaintiff/respondent.”

Addressing the privacy concerns raised by the respondents, the Court dismissed the notion, stating, “The contention of the respondents 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 privacy.”

The Court suggested that the neighbour could safeguard their privacy by using curtains or erecting a wall on their property to make their house invisible from the petitioner’s property.

The case originated from a civil suit in Budgam district, involving disputes over the construction of the petitioner’s house, including concerns about the sloping roof, drain pipes, and the opening of windows infringing upon the neighbour’s privacy.

In 2018, the trial court granted partial relief, allowing construction but restraining window openings facing the neighbour’s house. The petitioner was also directed to prevent snowfall and water drainage onto the neighbour’s property.

At the High Court, the petitioner argued compliance with construction regulations and the trial court’s directives. The neighbour, despite notice, did not appear, leading the Court to proceed ex-parte.

After verifying compliance with construction guidelines, the Court 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 image is merely representational)

Source: KNO
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