Substantiality of neighbour's right to light and air

Mahesh Kumawat (Querist) 28 September 2016 This query is : Resolved
I would like to know about the Substantiality of Neighbour's Right to Light and Air in view of the Orrisa High Court Decision :
Orissa High Court
Krushna Kishore Bal vs Sankarsan Samal And Ors. on 28 November, 1973
Equivalent citations: AIR 1974 Ori 89
Author: G Misra
Bench: G Misra, B Patra, S Acharya
JUDGMENT G.K. Misra, C.J.

Could anybody please let me know whether there are equivalent decision of Hon'ble Supereme Court and other Hight Courts.

If the voilation is not material and there no substantial loss of light and air/injury to the neighbour can he sue me for mere violation of the Building bylawas/ Municipal Rules. Does mere violation of the Building bylawas/ Municipal Rules entail a cause of action in favour of the plaintiff/my neighbour.

My neighbour himself voilated the Building Bylaws and covered set backs but sued me in Trial court while my construcion was completed and the tial court given Temporary Injuction directing not to construct further in voilation of building Bylaws.

Kindly opine....

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Raj Kumar Makkad (Expert) 28 September 2016
If you have observed our repeated replies on this particular section of site, you would have easily known that we neither address academic queries nor we provide judgments.

Kumar Doab (Expert) 28 September 2016
If you violated Building Bylaws injunction can be granted by court.

If your neighbor himself violated the Building Bylaws he can also be tried.

Rajendra K Goyal (Expert) 28 September 2016
Agree with the expert Kumar Doab.

Judgment / reference cases / ruling / citation / decided cases not supplied in this section.

Raj Kumar Makkad (Expert) 28 September 2016
If your neighbour violated the rules, you file petition before cooperative court and get the desired relief or have also a remedy to make counter-claim if he has already file the petition against you.

Rajendra K Goyal (Expert) 29 September 2016
Any violation from neighbor does not entitle you for unauthorized construction/ addition / alteration. If he has filed case against you why can't you.

Raj Kumar Makkad (Expert) 29 September 2016
In case of counter violation, your own right to initiate legal action against the opponent weakens substantially.

Guest (Expert) 29 September 2016
Forget about any court's decision. Discuss your own real problem, if you are desirous to get solution for.

Kumar Doab (Expert) 29 September 2016
What exactly is your preference now;Demolish the violations by neighbor!

Rajendra K Goyal (Expert) 30 September 2016
Author need to reply the questions from experts / Kumar Doab.

Raj Kumar Makkad (Expert) 30 September 2016
The author has no interest even in reading the replies what to talk of giving the questions raised from him.

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