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As per case facts, the plaintiff, owner of Lower Victoria Estate, relies on Nadugani Thadam, an ancient pathway damaged by 1991 floods, for access. Despite representations, authorities didn't maintain it.
...The trial court and first appellate court affirmed the plaintiff's right to use and renovate this sole access path (6 feet wide, 2.5 km long). The government appealed, arguing the land falls within a Reserved Forest/Tiger Reserve, governed by Forest (Conservation) Act, 1980, and Wildlife Protection Act, 1972, making the suit non-maintainable. The question arose whether lower courts correctly declared the pathway's existence, its necessity, and permitted renovation in a protected forest area. Finally, the High Court dismissed the appeals, confirming the pathway's ancient existence and its necessity as the sole access. It held that the right to property (Article 300-A) includes access, and renovation of an existing path within a reserve forest (where department vehicles and others operate) isn't barred by conservation acts, finding no merit in the government's contentions.
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