Question 786
Legal Reasoning
2011
Medium
MCQ
+1.00 marks · -0.25 negative
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.
Rule B: Rights above the land extend only to the point they are essential to any use or enjoyment of land.
Rule 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 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 travelled the distance of almost 7000 km it passes over Ramesh's property. Ramesh a case claiming that the Government of india has violated his property, rights by routing satellite over his property, albeit 7000 km directly above it.
Shazia's case: Shazia owns a single storeyed house in Ahmedabad which has been in her family for more than 75 years. The foundation of the house cannot support another floor and Shazia has no intention of demolishing her family home to construct a bigger building. Javed and Sandeep are business partners and own three-storey houses on either side of Shazia's house. Javed and Sandeep are also Ahmedabad's main distributors for a major soft drink Company. They have erected a huge advertising their products, with the ends supported on their roofs but the hoarding also passes over Shazia's house at 70 feet and caste a permanent shadow on her terrace. Shazia decides to hoist a huge Indian flag, up to 75 feet, on her roof. She files a case, asking the court to order Javed and Sandeep to remove the hoarding for all these reasons.
applying rule only A and B to Shnzia's case, you would decide:
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