CLAT 2011 Question 196

Instructions

This section consists o( ten problems (with 45 questions) in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions. In answering the following questions, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume any fact other than those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.

Question 196

Rule A: An owner of land has the right It) use (he 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 herland 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 at land on the outskirts of Sullurpeta, An Pradesh. The Government of India launches satellites into space frequently from Srihari near Sullurpeta. The Government of India 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 1 has violated his property rights by routing satellite over his property, albeit 7000 km directly above it.

Applying only Rule A to Ramesh's case as a judge you would decide



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