Can't deprive anyone of sunshine, breeze: Court

Can't deprive anyone of sunshine, breeze: Court

"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. In her written reply, Kalawati claimed right over the open space and alleged that Ram intentionally wanted to grab it from her.

The court, however, noted that Kalawati was using the open space by way of possession and not by purchasing it.

"She is not the owner of this open space and further plaintiff has a right to light and air as acquired since almost 20 years and right to have a window in his room which opens towards the open space which is used by the defendant (Kalawati) for access to her property.

"The easementary right in favour of the plaintiff is enjoyed by him since 20 years and he cannot be deprived of this right by the defendant who herself does not have any right in this open space," the court said.

The court also further restrained her from constructing any wall in the space which may block the window of a room in Ram's house.