Upholding the primacy of one’s right to access natural light and fresh air, a Delhi court has ordered a woman to demolish a newly raised wall, blocking a sole window in her neighbour’s house.
"It is a settled law that the easementary rights cannot be deprived of, if a person has no other access to that right," said senior civil judge Amit Kumar, while ordering the neighbour to raze the wall in a month.
The court’s order came on a suit by one Bhore Ram seeking demolition of a wall, raised by his 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 and was essential for fresh air and natural light.
In her written reply, Kalawati claimed right over the open space and alleged that Ram wanted to grab it from her.