Land Dispute Settlement: Supreme Court Resolves Long-Running Conflict

The case of Anil Tripathy v. Sarat Kumar Panda & Ors. centers around a property dispute that reached the Supreme Court after a lengthy legal battle. The appellant, Anil Tripathy, challenged the judgment and order passed by the Orissa High Court, which dealt with a Title Suit concerning a piece of disputed land. The dispute eventually led to a settlement facilitated by mediation, and the Court played a crucial role in ensuring the terms were finalized and adhered to.

Background of the Case

The appellant, Anil Tripathy, had filed a Title Suit against the respondents, Sarat Kumar Panda and others, concerning a piece of land. The suit was filed in 2001, and in 2003, the Additional District Judge issued a preliminary decree, which led to further legal proceedings. The respondents challenged the decision, and the appeal was heard in the Orissa High Court, which, on 11th July 2014, ruled in favor of the respondents. The appellant then approached the Supreme Court, seeking a resolution.

The Supreme Court, recognizing the possibility of a settlement, encouraged the parties to explore mediation. On 16th March 2018, the Court directed that the matter be referred to the Mediation Centre attached to the High Court of Orissa at Cuttack. The goal was to facilitate an amicable resolution between the parties, avoiding further litigation.

Arguments from Both Sides

Appellant’s Arguments

• The appellant sought ownership of the disputed land based on his long-standing association with the property.
• The appellant was willing to settle the matter, with terms agreeable to both parties, but there were disagreements on the exact location of the land.

Respondent’s Arguments

• The respondents maintained that the disputed land rightfully belonged to them and that the appellant’s claims were unjustified.
• The respondents agreed to resolve the matter amicably but wanted the exact boundaries of the property to be clearly demarcated.

Supreme Court’s Role in the Settlement

The Supreme Court played a pivotal role in facilitating the resolution of the dispute. On 16th March 2018, the Court referred the matter to the Mediation Centre to allow the parties to negotiate and reach a consensus. By 6th July 2018, both parties had agreed in principle to a settlement, with the plaintiff agreeing to purchase the disputed land at Rs. 2,500 per square foot. However, the location of the land remained a point of contention.

To address this, the Court appointed the Secretary of the District Legal Services Authority in Bhubaneswar to visit the site along with both parties and demarcate the exact boundaries of the land. The report from this visit was submitted to the Court on 28th July 2018, confirming the exact dimensions of the land. Based on the agreement between the parties, the Court finalized the terms of the settlement on 11th July 2018.

Settlement Terms

Following the mediation and site inspection, the Supreme Court issued a final order on 11th July 2018:

• The appellant agreed to purchase the land at Rs. 2,500 per square foot, to be paid in three bi-monthly installments.
• The first installment was to be paid within one month from the Court’s order.
• The respondents were required to cooperate with the appellant in facilitating the transfer of ownership and assisting in the change of record of rights after full payment.
• If the appellant requested a separate document of transfer, the respondents were required to provide one, at the appellant’s expense.
• The respondents agreed to allow the underground water pipeline currently passing through the disputed land to be shifted to the appellant’s property, with both parties cooperating in this process.

Final Judgment

The Court commended the efforts of the Secretary of the District Legal Services Authority for facilitating the settlement and emphasized the importance of resolving property disputes amicably. The case was disposed of in terms of the settlement, and no further legal action was required. The appellant was directed to make the payments as per the agreed terms, and once the full payment was made, the respondents were obligated to transfer the property rights to the appellant.

This judgment highlights the value of mediation and the Court’s active role in ensuring that legal disputes are resolved in a manner that is fair and just for all parties involved.

Petitioner Name: Anil Tripathy.
Respondent Name: Sarat Kumar Panda & Ors..
Judgment By: Justice Kurian, Justice Sanjay Kishan Kaul.
Place Of Incident: Bhubaneswar, Orissa.
Judgment Date: 31-07-2018.

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