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NEW DELHI: A unique land dispute that dragged through the tenures of all past PMs was finally decided by a Supreme Court bench of Justices Prashant Kumar Mishra and N V Anjaria – both of whom were not born when the case originated from a 1957 sale deed.The 70-year-old dispute was over 15.5 bighas in Narsipur Kalan village of Haridwar, bought by predecessors of appellant Sarafat Ali through the sale deed of June 4, 1957. SC set aside concurrent findings of trial court and HC and held the deed valid. Justice Mishra succinctly summarised the case: “What initially commenced as proceedings for mutation gradually traversed into the realm of the UP Zamindari Abolition and Land Reforms Act, 1950 and the consolidation framework, though its odyssey across multiple forums only culminated in futility, with the authorities below concurrently holding that the appellants had failed to prove the execution of the said sale deed, thereby compelling them to seek refuge before this court.”Sarafat Ali’s predecessors were minors at the time of the deed, which meant it was purchased by their father. During the long winding journey of the case, Sarafat Ali too passed away and the case was fought till SC by his legal heir. Thus, four generations of a family got embroiled in the litigation. At the time of mutation of the land in the name of purchaser, the seller initially objected but later withdrew it to allow revenue authorities to mutate the land in favour of the appellants. When land consolidation proceedings were initiated in the village, the appellants found their name missing as owners of the purchased land, which was still shown in the name of the seller. The consolidation officer, based on the mutation records, recorded the names of appellants as owners of the land.This was challenged by the sellers. The consolidation officer ordered fresh adjudication.
