Can`t deprive anyone of sunshine, breeze: Court

Last Updated: Sunday, September 11, 2011 - 09:40

New Delhi: Upholding the primacy of one`s
right to access natural light and fresh air, a Delhi court has
ordered a woman to demolish a newly raised wall, blocking a
sole window in her neighbour`s house.

"It is a settled law that the easementary rights cannot
be deprived of, if a person has no other access to that right.
Apart from this window there is no other source of light and
air to the room of the plaintiff which he is enjoying since
almost 20 years," said senior civil judge Amit Kumar, while
ordering the petitioner`s neighbour to raze the wall in a
month.

The court`s order came on a suit by Central Delhi
resident Bhore Ram seeking demolition of a wall, raised by his
immediate neighbour Kalawati, blocking the only window on the
ground floor of his house.

He told the court that his window opens up in an open
area between their houses with neighbour Kalawati using the
space to enter her house.

Ram said that the window was essential for fresh air and
natural light that he is enjoying for since 1992, when he had
purchased the house.

Kalawati had raised a wall in 2007 blocking the window on
the ground floor and she further intends to raise the wall
thereby blocking the only window on the first floor,
the plaintiff said.

PTI



First Published: Sunday, September 11, 2011 - 09:40

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