The High Court of Jammu & Kashmir and Ladakh recently granted approval to a Kashmir resident, allowing him to open windows in his house. This decision contested a five-year-old restriction imposed by a civil court in favor of his neighbor, as detailed in the case of Ghulam Nabi Shah v Abdul Gani Sheikh & Ors.
Justice Atul Sreedharan expressed concern over the lack of clarity in the civil court’s order regarding the infringement of the petitioner’s neighbor’s rights. The court asserted that “the petitioner has the right to open windows on his property, even if they face the house of the plaintiff/respondent.”
Addressing the privacy concerns raised by the respondents, the court dismissed the idea, stating that “the contention of the respondents that it would infringe upon 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 neighbor could safeguard their privacy by using curtains or erecting a wall on their property to make their house less visible 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. Concerns included the sloping roof, drain pipes, and the opening of windows, which were deemed to infringe upon the neighbor’s privacy.
In 2018, the trial court granted partial relief, permitting construction but restraining window openings facing the neighbor’s house. The petitioner was also directed to prevent snowfall and water drainage onto the neighbor’s property.
At the High Court, the petitioner argued compliance with construction regulations and the trial court’s directives. The neighbor, despite notice, did not appear, leading the court to proceed ex-parte.
After confirming compliance with construction guidelines, the court considered the window restriction a violation of the petitioner’s rights and consequently granted the petition. Advocate MM Iqbal represented the petitioner.