CLAT 2011 Question Paper with answer key for online practice

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Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions. 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.

Question : 196 of 200

Marks: +1, -0

Ramesh's case: Ramesh 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 km it passes over Ramesh’s property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 km directly above it. Applying only Rule A to Ramesh’s case, as a judge you would decide:

In favour of the Government of India because the transgression was 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.

Validate

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