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Supreme Court of India 2019-10-06 allowed

THE GOVERNMENT OF TAMIL NADU AND ANR. ETC. ETC vs ARULMIGHU KALLALAGAR THIRUKOIL ALAGAR KOIL ETC. ETC

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The Government of Tamil Nadu sought to overturn a High Court judgment that recognized the Azhagar Temple's title to Azhagar Hills. The Supreme Court held that the Government's 1883 notification declaring the hills as a reserved forest was valid under Section 25 of the Madras Forest Act, 1882, as the hills were already reserved by Government order prior to the Act's enactment. The High Court had wrongly applied procedural requirements meant for new reservations. The temple failed to prove continuous possession. The Court set aside the High Court judgment, allowed the Government's appeal, and directed a 50-foot pathway and 18.3032 hectares of diverted forest land for devotee access to shrines, with strict environmental safeguards.

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Land Law Forest Law Property Rights Temple Administration Limitation Act Civil Procedure

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