Window facing the private road

Querist : Anonymous (Querist) 24 October 2009 This query is : Resolved
Dear Sir/ madam,

The owner of the private road is asking to close the window facing to his private road. The windos are non openable sealed with semi transperant glass. the builiding is commercial building and having only 6 inch of free land facing private road.This private road is registered in village panchayat.
Please suggest me if i lodge the legal complaint againist him in court is there any possiblity to win.
With Best Regards
Sheetal

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Adinath@Avinash Patil (Expert) 24 October 2009
THE OWNER OF PRIVATE ROAD IS NOT ENTITLED TO ASK TO CLOSE TO WINDOW IF WINDOWS NON OPENABLE SEALED WITH SEMI TRANSPERANT GLASS.IT IS RIGHT OF BUILDING OWNER EASEMENT OF NECCESITY, AND EASEMENT OF LIGHT AND AIR.
YOU CAN FILE CIVIL SUIT IN MY OPINION YOU WILL SUCCEED.

adv. rajeev ( rajoo ) (Expert) 24 October 2009
You will have to file suit for declaration of easementary right and injunction.

G. ARAVINTHAN (Expert) 24 October 2009
in that case you need to prove your pre-occupation and enjoyment of the wind, and air from the window.

Raj Kumar Makkad (Expert) 24 October 2009
It is the mercy and right of the private owner of his private street whether he allows you to enjoy wind and air via his personal property or not. Under which capacity one can force him? It is better to somehow bargain with him rather approaching court because in court definitely he is on better footing than you.

Swami Sadashiva Brahmendra Sar (Expert) 24 October 2009
Mr Patil is right if it is an old building . Mr Makkad is right if it is a new building.

n.k.sarin (Expert) 24 October 2009
i agree with Mr Makkad and Mr Tripathy ji. But I have to say that Mr Anonymous has right to open window, door etc in his wall toward private land or way and no body has right to object it and no court has jurisdiction to order to close the window or door one's open in his wall. And at the same way private land owner has also right to close your window or door by racing wall in his land.