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My neighbour’s window shutters are opening in my area

Shivendra Pratap Singh

Advocate

24/04/2022

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Question: My neighbour’s window shutters are opening in my area of boundary, he has not left adequate setbacks.  His solar pipes are continuously leaking into our entrance passage.  Even on request he is not doing anything about these problems. Please advise. Should I move legally to fix the problem about my neighbour’s window shutters and other problems. 

Asked from: Karnataka

Your neighbour is causing a nuisance because water is oozing from the solar pipes and which is falling in your premises. Hence, you can initiate legal proceedings against him. If the nuisance is such that it may breach the public tranquility then you can approach the executive magistrate under Section 145 code of criminal procedure. You can seek immediate removal of solar pipes and shifting it to another place. Your neighbour has no right to use your boundary wall for fitting solar pipes.

Civil suit for permanent injunction

Opening a window shutter in your area is a breach of privacy and illegal interference in the right to peaceful enjoyment of property. You should file a civil suit for permanent injunction restraining defendant (neighbour) from opening window in your side. Your neighbour is infringing a public right hence, he shall also pay compensation for his illegal act. 

In Kaur Sain v. Bibi Birinder Kaur AIR 1971 P&H 489 the Punjab and Haryana High Court has held that 

A person has a right to open windows and ventilators in his own wall abutting his neighbour’s land unless thereby he invades the privacy or other pre-existing and well established right of his neighbour.

In Maniram Rameshwar Prasad Hazare v. Vinod Kumar AIR Online 2021 KAR 1498; the Karnataka High Court has held that decree of mandatory injunction seeking direction to defendant to close four windows is proper because he failed to prove that he has an easementary right to open that windows in the area of plaintiff.

You should seek an interim relief i.e. to shut the window till the further order of the court. The court may grant ad-interim relief at the very first hearing of the case. 

Before filing a civil suit you should send to him a legal notice to permanently close the window area. When he does not act after receiving the legal notice then you should file a civil suit. 

Sending legal notice is, however, an attempt to settle the issue out of the court. Since it is not mandatory in the breach of public rights. But you may avail this remedy to get ad-interim relief at the very first hearing. 

The court may think that the plaintiff has tried the amicable settlement of the issue but after failing he is filing this civil suit. Then the court may pass an interim order and direct the defendant to close the window till the further order of the court.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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