CLAT (Common Law Admission Test) Legal-Aptitude: Questions 263 - 265 of 1213

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Passage

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 no reasonable use of it and it does not affect the reasonable employment of his or her land.

Shazia՚s case: Shazia 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 has traveled the distance of almost 7000 kilometers it passes over Shazia՚s property. Shazia files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.

Question 263 (2 of 5 Based on Passage)

Appeared in Year: 2011

Question MCQ▾

Applying only Rule B to Shazia՚s case, you would decide in favor of:

Choices

Choice (4)Response

a.

Shazia because she has the absolute right to the space above her land.

b.

Javed and Sandeep because Shazia can easily hoist a flag below 70 feet.

c.

Shazia because she has the right to put her land to any use and the court cannot go into her intentions for hoisting a flag at 75 feet.

d.

Javed and Sandeep because hoisting a flag 75 feet above one՚s roof is not essential to the use and enjoyment of the land.

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Question 264 (3 of 5 Based on Passage)

Appeared in Year: 2011

Question MCQ▾

Applying only Rules A and B to Shazia՚s case, you would decide:

Choices

Choice (4)Response

a.

Against Shazia under Rule A as well as B.

b.

Against Shazia under Rule B.

c.

In favor of Shazia under Rule A as well as B.

d.

In favor of Shazia only under Rule A.

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Question 265 (4 of 5 Based on Passage)

Appeared in Year: 2011

Question MCQ▾

Applying only Rule B and C to Shazia՚s case, you would decide:

Choices

Choice (4)Response

a.

Against Shazia under Rule B as well as C.

b.

In favor of Shazia under Rule B as well as C.

c.

In favor of Shazia only under Rule B.

d.

Against Shazia under Rule C.

Edit