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Applying Only Rule a to Ramesh'S Case, as a Judge You Would Decide: - Legal Reasoning

Question

MCQ

In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for 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. 

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 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.

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

Options

  • In favour of the Government of India because the transgression waz at a height at which Ramesh could not possibly have any use for.

  • That ownership of land does not mean that the owner's right extends infinitely into space above the land.

  • In favour of Ramesh because he has the right to infinite space above the land he owns

  • In favour of the Government of India because it would lead to the absurd result that Ramesh and most other property owners would have a claim against airline companies and other countries of the world whose satellites orbit the earth.

Solution

In favor of the Government of India because the transgression was at a height at which Ramesh could not possibly have any use for.

Explanation:

See Article 300 of the Constitution of India.

Concept: Indian Contract Act (Entrance Exams)
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