CLAT 2011 Question 199


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 199

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.

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 o. 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 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 removethe hoarding for all these reasons.

Applying only Rule B and C to Ramesh's case, you would decide

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