In a significant decision, the Jammu and Kashmir High Court has provided relief to Ghulam Nabi Shah, a resident of Yarikhah village in central Kashmir’s Budgam, by overturning a five-year-old order that restrained him from opening windows on his property. The initial order was passed in 2018 by a local court, responding to a petition from Shah’s neighbour, Abdul Gani Sheikh, who argued that opening the windows would violate his privacy.
The High Court, in its recent ruling, emphasized that the responsibility for ensuring privacy lies with the individual, stating, “It is the responsibility of the defendant to take necessary steps to ensure their own privacy.”
Shah, who built his home on his land two and a half decades ago, faced restrictions on opening windows towards Sheikh’s property, which stood slightly lower. Sheikh had raised concerns about potential issues such as snow cascading down into his property due to the slope of Shah’s roof and water flowing from drain pipes. Additionally, Sheikh cited privacy concerns related to the windows facing his property.
In 2018, the trial court partially favored Sheikh’s petition, allowing Shah to continue construction but restricting the opening of windows towards Sheikh’s property.
Shah complied with the court’s directions on drain pipes and the roof slope but contested the window restriction in the High Court.
Justice Atul Sreedharan, in the recent judgment, questioned the validity of the orders restricting window openings. The court asserted, “Undoubtedly, the petitioner has a right of opening windows on his property even if they are facing towards the house of the plaintiff/respondent.” Furthermore, the court highlighted that issues related to privacy are the responsibility of the homeowner, suggesting measures such as using curtains or constructing a wall on their property to ensure privacy.
The ruling marks a crucial decision in favor of property rights and individual freedoms in the context of neighborly disputes over privacy concerns.
