CLAT CLAT Solved Paper-2011

  • question_answer
    Problem 3 Rule A.  An owner of land has the right to use the land in any manner he or she desires. The owner of land also owns the space above and the depths below it B. Rights above the land extend only to the point they are essential to any use or enjoyment of land C. An owner cannot claim infringement of her property right if the space above his or her land is put to reasonable use by someone else at a height at which the owner would have no reasonable use of it and it does not affect the reasonable enjoyment of his or her land Ramesh's case Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh.  The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 km it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 km directly above it.
    Applying only Rule B to Shazia's case, you would decide in favour of

    A)  Javed and Sandeep because Shazia can easily hoist a flag below 70 ft

    B)  Shazia because she has the right to put her land to any use and the court cannot go into her intentions for hoisting a flag at 75 ft

    C)  Shazia because she has the absolute right to the space above her land

    D)  Javed and Sandeep because hoisting a flag 75 ft above one's roof is not essential to the use and enjoyment of the land

    Correct Answer: B

    Solution :

    Ans. 


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