Thaindian News

New Delhi, Sep 11 (IANS) A Delhi court has directed a woman to demolish a newly-built wall near her central Delhi house, upholding her neighbour’s plea that the construction was denying him light and air.

The petitioner said the wall blocked the only window on the ground floor of his house.

Directing Kalawati to raze the wall in a month, senior civil judge Amit Kumar said: “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.”

Bhore Ram had sought the demolition of a wall, saying: “The window opens up in an open area between their houses with neighbour Kalawati using the space to enter her house.”

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

“Kalawati 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,” said Bhore Ram in his application.

Kalawati claimed a right over the open space and alleged that Bhore Ram wanted to grab it.

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 a 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,” said the court in order passed Friday.

She has a right to move a higher court for relief.