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Supreme Court of India 2019-11-06 allowed

Government of Tamil Nadu & Anr. etc. etc vs Arulmighu Kallalagar Thirukoil Alagar Koil & Ors. etc. etc

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Government of Tamil Nadu appealed a High Court judgment that granted the Arulmighu Kallalagar Thirukoil temple declaration of title and possession rights over disputed forest land. The Supreme Court held that the temple failed to prove continuous possession of the land under a claim of title, thus the presumption of a lost grant could not be raised. However, recognizing the temple's religious functions, the Court permitted a 50-foot pathway through approximately 18 hectares of forest land for devotees to access shrines from the foothills. This permitted access was strictly conditional: no non-forest activities are allowed except religious worship, and the temple must maintain rigorous environmental and ecosystem protection standards.

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Land Law Property Rights Forest Law Title and Possession Civil Procedure

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