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AIR 2017 KARNATAKA 3 ::2017 (4) AKR 212
Karnataka High Court
Hon'ble Judge(s): B. Veerappa , J

Forest (Conservation) Act (69 of 1980) , S.2— Easements Act (5 of 1882) , S.13— Forest land - Claim for easementary right of way - Restriction on State Government or other Authority to convert forest area into non-forest area including right of easement except with prior approval of Central Government - S. 2 of 1980 Act has overriding effect on provisions of Easements Act - Use of forest land by plaintiff as easementary right of way was thus in utter violation of S. 2 of 1980 Act - Plaintiff not entitled to claim easementary right of passage over forest land. AIR 1997 SC 1228, Rel. on. (Para 20 21)

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