No one has right to invade flat owners’ privacy, says Bombay High Court

CCTV surveillance not allowed in building as it invades privacy: Bombay High court. (File)

The Bombay High Court recently held that nobody has the right to invade the privacy of neighbours by installing CCTV cameras that may record movements of people coming in and out of their flats.

A petition was moved by a senior citizen, Farhad Ginwalla, and his three children Rustom, Rashna and Chherie against Farhad’s daughter Zenobia Poonawala. Farhad’s wife, late Pervin, was the owner of the building, Rutton Manor, on Garden Road in Colaba. The entire family stayed in the building.

According to petitioners, a flat on the ground floor is co-owned by Zenobia, while flats on the first and second floors are occupied by Rustom. A flat on the third floor is used by Farhad while the fourth floor belongs to Rashna. But according to the petitioners, the fourth floor flat is illegally occupied by Zenobia. They further alleged that the common building terrace, accessible through a passage on the fourth floor, has been locked by Zenobia.

The petitioners, seeking urgent protection, told the court that Zenobia, the defendant, in the first week of April, placed CCTV cameras over the main entrance doors to Flats 4, 5, 6 and 8 on the first, second and third floors of Rutton Manor in which the petitioners are residing, without their consent. The petitioners alleged that the defendant is monitoring who comes in and leaves their flats, thereby invading their privacy.

During the argument, a report was submitted by the petitioners. Chirag Dhakaan, of Span Systems, which installed the CCTV system in the building, said the CCTVs installed on the left side of the three floors in Rutton Manor are capable of recording people entering and exiting Flats 4, 5, 6 and 8. Dhakaan, in his report, suggested the best locations to install CCTVs at Rutton Manor, which would take care of the security in a minimally intrusive manner.
Justice S J Kathawalla suggested that the CCTV cameras be installed as suggested by Span Systems. But Zenobia’s lawyer told the court that CCTV cameras were installed after an incident on March 24 when an unknown person had tried to open her flat’s door.

Zenobia also complained to the senior inspector of Colaba Police Station about the incident. Justice Kathawalla accepted the report of Dhakaan and said Zenobia can install cameras on the fourth floor to monitor the entry and exit of any person. The court held that since the petitioners are residing on the first, second and third floors
“no one has a right to invade their privacy”. The court said “Defendant No. 1 certainly cannot be allowed to continue with the CCTV cameras installed over the main entrance door” on the grounds that somebody had allegedly tried to enter the flat on the fourth floor.

In the order, the court said: “The plaintiffs are allowed to forthwith remove the CCTV cameras, which are put/installed, without their consent… in which the plaintiffs are residing thereby invading the plaintiffs’ privacy.” It added: “However, to secure the building of the plaintiffs and the defendants, the plaintiffs shall get CCTV cameras installed as suggested by Span Systems.”