SHANTA DUNEJA Vs. MCD AND ORS.

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, praying that respondent No.1 be directed to demolish the illegal and unauthorised construction raised by respondent No.2; to restore the load bearing walls to its original condition; and to rectify the damage caused to the petitioner's property Flat No. 285 Mandakini Apartments, Alaknanda, Kalkaji, New Delhi-19.

(2.) The petitioner is the owner/resident of a duplex Flat (on the first and second floor) bearing no. No.285, Mandkani Apartment, Kalkaji, New Delhi 110019. The ground floor duplex flat bearing No. 283 is owned/occupied by respondent No.2. Respondent No.2 has covered a courtyard on the ground floor and the same is the bone of contention in the present petition.

(3.) The learned counsel for the petitioner submits that the covering of the courtyard has resulted in loss of petitioner's privacy inasmuch as the roof of the courtyard is now at the floor level of the first floor and the window of the dining room of the petitioner's flat now opens to the terrace over the courtyard. And, any person now standing on this terrace has an unhindered view of part of the petitioner's living spaces. The petitioner thus prays that the said roof be demolished and her privacy be restored.