OCTOBER 27, 2013 (SUNDAY) Principle: Rights above the land extend only to the point they are essential to any use or enjoyment of land. Facts: 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 drinks 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. Decide the matter. A. Javed and Sandeep because Shazia can easily hoist a flag below 70 feet. B. 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. C. Shazia because she has the absolute right to the space above her land. 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.
Posted on: Sun, 27 Oct 2013 08:57:07 +0000
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