CWP No. 5066 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5066 of 2008 Date of decision: 27.3.2008. Nachhatar Singh ...Petitioner Versus The State of Punjab and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE K.S.GAREWAL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Ms. Naiya Gill, Advocate, for the petitioner. K.S.GAREWAL, J. The petitioner is 85 years old. He constructed a house on plot 51, Shaheed-E-Azam Bhagat Singh Nagar, as per site plan approved by the Municipal Council. In 2005 Paramjeet Kaur-respondent 5 constructed her house in the neighbouring plot 52, allegedly in violation of the building bye-laws. Paramjeet Kaur exceeded the permissible covered area and blocked the entire flow of air and light to the petitioner by constructing a room in her backyard. This was in complete violation of the building laws and was not compoundable. The petitioner objected to the construction but respondent 5 refused to listen. The petitioner himself went around Shaheed-E-Azam Bhagat Singh Nagar and found construction in violation of building bye-laws and the covered areas were much more than the permissible limits. The matter was brought to the notice of the Municipal CWP No. 5066 of 2008 2 Council but no action was taken. The petitioner made many representations to the Deputy Commissioner and the Municipal Council (respondents 3 and 4) still no action has been taken. The petitioner relies on two notices issued by the Municipal Council to respondent 5 under Section 195 (D) of the Punjab Municipal Act, 1911, directing her to remove the structure which is against the site plan. These notices are dated May 26, 2006 and June 23, 2006 (Annexures P/6 and P/7 respectively). The Municipal Council had also written to the Deputy Commissioner on December 22, 2006 (Annexure P/9) which clearly shows that respondent 5 had raised illegal structure. Violation of building bye-laws are frequently committed by the owners of plots who seem to be unconcerned regarding the nuisance that they cause to their neighbours. Blockage of air and light causes infringement of the rights of the neighbour to beneficial enjoyment of his property. However, to compel the aggrieved party to approach the civil court to enforce his right to air and light would push him to long litigation with his neighbour. This may take many years and if the plaintiff is 85 years of age, the litigation may not conclude in his life time. Therefore, we are of the view that the Deputy Commissioner should get the entire colony known as Shaheed-E-Azam Bhagat Singh Nagar, inspected and see where there is over construction in violation of the building bye-laws. Thereafter, the Deputy Commissioner should take action against all the defaulters in accordance with law after giving them an opportunity of hearing. In case of Paramjeet Kaur-respondent 5, the petitioner should also be heard before any action is taken against Paramjeet Kaur-respondent 5. CWP No. 5066 of 2008 3 The petition is disposed of with the aforesaid direction to the Deputy Commissioner-respondent 3. (K.S. GAREWAL) JUDGE 27.3.2008 (DAYA CHAUDHARY) prem JUDGE