Question

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.

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 only Rule B to Shazia's case, you would decide in favour of  

विकल्प

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

• Shazia because she has the right to put her land to any use and the court catmot go into her intentions for hoisting a flag at 75 feet.

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

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

Answer 1

Shazia because she has the right to put her land to any use and the court catmot go into her intentions for hoisting a flag at 75 feet.