व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. XV 6-9                                  BOUNDARY DISPUTES                                  249
M. p. 135 l 24-p 136 l 18 ]
to Madana, means a place for sitting down constructed of wood projecting from
a mansion and the like, but not touching (resting on) the ground. In some
books the reading is 'dhūma-niskāsaḥ', the meaning of which is 'a
window or the like for letting out smoke'. By the word 'ādi' (in the
verse preceding Kātyāyana's) are intended the walls of others and the like.
The same author (Kātyāyana says) :
After the time of the first entry (or foundation) such things are not
to be added at any time; one should not open a window so as to have a
peep into the dwelling houses of others or construct a drain for rainwater
on to the house of another ¹
Bṛhaspati (p 354 v 26) says :
A privy, a fire-place, a pit, a receptacle for throwing in leavings of food
and dirty water—these should never be constructed very close to the wall of
another.

• Varcah-sthānam' means 'a privy' ; 'atyārāt' means 'very near'.'
  Kātyāyana says :
  Places for depositing ordure, urine or (soiled) water, the construction
  of a fireplace or pit should be made leaving (at least a space of) two
  hands from the wall of another
  Bṛhaspati (p 354 v. 27) says :
  A path by which men and beasts go to and fro unhindered is declared
  to be 'saṁsaraṇa' and must not be obstructed by anyone.
  Nārada (p 158 v 15) says :
  One should not obstruct a cross-road, the sanctuary of a deity, a king's
  highway by (heaping) ordure, by a raised platform, a pit, aqueduct or
  the eaves of houses.
  Kātyāyana says.
  That is called a cross-road (or thoroughfare) by which all men pass at
  any time without being prevented and that is called a rājamārga (a king's
  highway) by which all men pass at stated times
  Bṛhaspati (p. 354 v 28) says.
  He who makes obstruction on a thoroughfare (by keeping carts &c), or
  makes a pit, or plants trees or voids ordure wilfully shall pay one māsaka
  as fine
  Manu (IX. 282) says :
  He who voids ordure on the king's highway when there is no calamity
  (or urgent pressure) should pay (as fine) two kārṣāpaṇas and should
  immediately remove the filth ²

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1 'To have a peep into' &c.—This speaks of the right of privacy which is recognised
by custom even now in Gujerat. Vide Nathubhai v Chhaganlal 2 Bom L R. 454, Manch-
lal v. Mohanlal 44 Bom 496 (= 22 Bom L R. 226) These are not to be added so as to
interfere with another's rights
2 Great leniency was shown to old men, pregnant women and minors. Vide Manu
IX. 283

• P. 224 (text).
  V. M. 32