High Court Overrules Window Restriction for Kashmir Resident

High Court Overrules Window Restriction for Kashmir Resident

Asif Iqbal | December 19, 2023 | 01:13 PM IST | Courts & Law, Kashmir | Follow on Google News

High Court Overrules Window Restriction for Kashmir Resident.image/the Kashmiryat

High Court Overrules Window Restriction for Kashmir Resident

The High Court of Jammu & Kashmir and Ladakh recently sanctioned the request of a Kashmir resident to open windows in his residence, challenging a five-year-old restriction imposed by a civil court in the case of Ghulam Nabi Shah v Abdul Gani Sheikh & Ors.

Justice Atul Sreedharan expressed concern about the lack of clarity in the civil court’s order regarding the infringement of the petitioner’s neighbor’s rights. The court emphasized that “the petitioner has the right to open windows on his property, even if they face the house of the plaintiff/respondent.”

Addressing privacy concerns raised by the respondents, the court dismissed the notion, 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 protect their privacy by using curtains or erecting a wall on their property to make their house less visible from the petitioner’s property.

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The case originated from a civil suit in the Budgam district, involving disputes over the construction of the petitioner’s house, including concerns about the sloping roof, drain pipes, and window openings deemed to infringe upon the neighbor’s privacy.

In 2018, the trial court granted partial relief, allowing 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. Despite notice, the neighbor did not appear, leading the court to proceed ex-parte. After confirming compliance with construction guidelines, the court deemed the window restriction a violation of the petitioner’s rights and consequently granted the petition, with Advocate MM Iqbal representing the petitioner.

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Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.