Galaxy Cable TV Network Company is providing cable connections to their customers. One of the cables passes over Ramesh’s house. He is not a customer of the Network Company. The cable is neither attached to his house nor to any projection thereof. It is at a distance of 20 feet above the terrace of Ramesh’s two-storied house. Because of the cable, Ramesh’s son Sachin is unable to fly a kite from the terrace. Ramesh requested the Network Company to change the position of the cable. But the company did not bother to change it. One evening Ramesh cut the cable and cleared the airspace above his house. The Network company suffered a loss of about Rs. 10,000. They bring a legal action against Ramesh for recovery of loss suffered.
The Network Company will succeed because the cable was not interfering with the ordinary use and enjoyment of Ramesh’s property.
The Network Company will not succeed because Ramesh has every right to ensure proper enjoyment of his property by removing objects causing trespass in the air above his property to a reasonable extent.
The Network Company will succeed because laying cables is widely practised in all cities, just like electricity and telephone wires.
None of the above.
The owner of immovable property is entitled to the column of airspace above the surface. However, the owner’s right to air and space above his land is restricted to such height as is necessary for the ordinary use and enjoyment of his land and the structures on it. Here, flying a kite on the terrace would not fall under reasonable use of airspace. Hence the correct option is a.