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Owner of the 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 laud 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 to 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 Pradcsh. The Govemment of India launches its satellites into space frequently from Sriharikota, near Sullurpcla. The Government of India does not deny that once the satellite launch has traveled the distance of almost 7000 kilometres it passes over Ramesh’s properly. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometres 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 drinke company. They have erected a huge hoarding advertising their products, with the ends supported on their roofs but the hoarding also passes over Shazia’s house at 70 feet and casts a permanent shadow on her terrace. Shazia decides to hoist a huge Indian flag, going 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 C to Shazia’s case, you would decide:
In her favour because hoisting a 75 feet high flag is reasonable.
Against her because hoisting a 75 feet high flag is not reasonable.
Against her because the hoarding is a reasonable use of the space above her land.
In her favour because the permanent shadow cast by the hoarding affects the reasonable enjoyment of her land.
In her favour because, Rule C talks about the fact that reasonable enjoyment of the land shall not be affected. The permanent shadow casted by the hoarding affects the reasonable use and enjoyment of Shazia’s property. Hence, option 4 is the correct answer.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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