NEW DELHI: Delhi High Court has given its approval to a resident of a multi-storey building to install a private lift on the ground floor, ruling that public interest and compliance with necessary approvals outweigh individual grievances, provided adequate safeguards are in place.
Justice Ravinder Dudeja on Monday rejected a plea from the ground floor occupant of a residential building in south Delhi, who had claimed that the lift would invade his privacy, obstruct access to common areas, disrupt essential services, and affect the building’s structural stability. The ground-floor resident argued that the lift would cause irreparable harm to the 45-year-old structure.
“The court is in agreement with the trial court’s finding that the privacy concern must be balanced against the practical need for modern amenities such as lifts, especially in multi-storeyed residential buildings,” HC said.
It noted that the lift and the window of the ground floor room open into a common area facing the road, and that this open area is already accessible to the public. The court ruled that the installation of the lift would not further impact the ground floor occupant’s privacy.
The court also clarified that the sanctioned plan for the building shows that the proposed lift does not obstruct the ground floor occupant’s bedroom window. Furthermore, there is enough space between the lift and the adjacent washroom window to ensure that light and air are not affected.
The building consists of flats on the ground, first, second, and third floors. The second and third floors are a duplex owned by the resident who received permission from the MCD to build the lift. When the ground-floor neighbour raised concerns about violations, the court ordered an inspection by the MCD, which found no cause for alarm and noted that 75% of the lift installation had already been completed.
In its ruling, the high court emphasised that “public interest and compliance with statutory approvals outweigh individual grievances, provided adequate safeguards are in place.”
The court further stated that halting the project or dismantling the lift structure at this stage would cause greater harm, not only to the duplex owner but also to other residents who would benefit from the lift.
