After 5 year battle, High Court allows Kashmir man to open windows of his home
The Jammu & Kashmir and Ladakh High Court recently allowed a Kashmir resident to open windows of his house after more than 5 years
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The matter began when Budgam district resident brought a legal complaint against his neighbor
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A civil court then in 2018 restrained the man from opening the windows facing the neighbor’s house in Budgam
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His neighbor claimed that opening the windows would result in a violation of his privacy
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The High Court held that the civil court's order failed to reflect how and what right of the petitioner’s neighbor was being violated
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The Court said, ‘Undoubtedly, the petitioner has a right of opening of windows on his property even if they are facing towards the house of the neighbor
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The Court said, ‘The contention of the respondents that it would infringe upon the privacy, does not hold water as that is an issue for the defendant/respondent to take necessary steps to ensure their own privacy’
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The Court added the neighbor can protect his privacy ‘by placing curtains on their windows or by raising a wall on their property which would make their house invisible from the property of the petitioner’