Code of Civil Procedure, 1908 (CPC) – Section 80 and Section 100 – This case involves a dispute over a pathway (“Nadugani Thadam”) providing access to the plaintiff’s (Lower Victoria Estate owner) property, situated within a reserve forest. The pathway, the only access to the estate, was damaged by floods in 1991, leading the plaintiff to seek its renovation. The Government (Forest Department) contested the claim, arguing the land was a protected forest, and the plaintiff had no right to renovate or use vehicles within it, citing the Forest (Conservation) Act, 1980, and the Wildlife Protection Act, 1972.
The Trial Court decreed the suit partly, declaring the plaintiff’s right to use the pathway and permitting renovation at their cost.