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The Delhi High Court recently ruled in favour of installing a private lift in a multi-storey residential building, dismissing concerns raised by the ground-floor resident about privacy, access to common areas, and potential structural damage. The court clarified that the lift would not impact the privacy or ventilation of the ground-floor flat and emphasized the importance of public interest and compliance with necessary approvals. The MCD inspection also confirmed no violations, with 75% of the lift installation already completed.
The Delhi High Court has ruled in favour of a resident of a multi-storey building, granting permission to install a private lift on the ground floor. The court emphasised that public interest, alongside compliance with necessary approvals, takes precedence over individual objections, provided there are adequate safeguards in place. Advertisement
Justice Ravinder Dudeja, in a ruling earlier this week, dismissed a plea from the occupant of the ground floor of a residential building in South Delhi. The ground-floor resident had raised concerns that the lift would invade his privacy, block access to common areas, disrupt essential services, and potentially damage the building's structural integrity. He also argued that the lift could cause irreparable harm to the 45-year-old structure.
The court upheld the trial court's decision, acknowledging that the privacy concerns of the ground-floor resident needed to be weighed against the practical necessity of modern amenities, like lifts, especially in multi-storey buildings. It was pointed out that the lift and the window of the ground-floor room both open into a common area facing the road, which is already accessible to the public. Therefore, the court concluded that the installation of the lift would not compromise the resident's privacy.
Furthermore, the court clarified that the approved building plan confirms that the proposed lift would not block the ground-floor occupant's bedroom window. It also noted that there is sufficient space between the lift and an adjacent washroom window, ensuring that light and ventilation are not affected.
The building, which consists of flats on the ground, first, second, and third floors, includes a duplex on the second and third floors, owned by the resident seeking approval for the lift. The Municipal Corporation of Delhi (MCD) had granted permission for the lift's installation. After the ground-floor resident raised concerns about potential violations, the court instructed the MCD to conduct an inspection. The MCD found no issues and noted that 75% of the lift installation had already been completed.
The High Court concluded by emphasising that the public interest and compliance with statutory approvals outweigh individual grievances, as long as proper safeguards are in place. The court also stated that halting the project at this stage would cause greater harm, not only to the duplex owner but also to the other residents who stand to benefit from the lift.
The Delhi High Court's ruling sets a precedent for balancing individual grievances with the need for modern amenities in residential buildings. By prioritising public interest and ensuring compliance with statutory regulations, the court highlighted the importance of adapting to practical needs while maintaining safeguards to protect residents' rights. This decision allows for progress in building infrastructure without compromising the welfare of the occupants.
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