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Principle an Owner of Land Has the Right to Use the Land in Any Manner He Or She Desires. the Owner of the Land Also Owns the Space Above and the Depths Below It. -

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Question

PRINCIPLE An owner of land has the right to use the land in any manner he or she desires. The owner of the land also owns the space above and the depths below it.

FACTS 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 travelled the distance of almost 7000 kilometres 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 kilometers directly above it.

Applying the principle to the case you would decide

Options

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

  • 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

MCQ

Solution

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

shaalaa.com
Law of Torts (Entrance Exams)
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