Harola resident wins land case against Noida in all courts, but decree passed in 1988 still not unexecuted

Noida: A 40-year-old dispute over a plot measuring nearly 150 sqm in Harola village has returned to the Supreme Court, with the decree-holder alleging that despite winning at every judicial level, the order remains unenforced.The fresh petition was filed by Jai Chand, seeking time-bound execution of a decree passed in favour of his father, Tarif Singh, who filed suit number 209 of 1987 against Noida Authority over khasra (revenue record) number 979 in Harola. Singh claimed ownership of the land, where he installed a sugarcane crusher, planted neem and other trees, and set up a boundary with a gate, using it for agricultural and residential purposes.Noida Authority contested the suit, asserting that the land belonged to the gram sabha of Harola and that Singh was attempting to occupy it forcibly. In Feb 1987, Noida Authority employees visited the plot and threatened Singh with eviction and demolition. Singh subsequently filed for a permanent injunction restraining the Authority from interfering with his possession.After examining oral and documentary evidence, the trial court ruled in Singh’s favour on Sept 1, 1988, holding that he was the lawful owner and that Noida Authority had no claim over the land.What followed were years of appeals. Noida challenged the decree before the district court, which dismissed the appeal on Nov 30, 1996. A second appeal before the Allahabad High Court was dismissed on April 11, 1997.Noida Authority then moved the Supreme Court by special leave petition, which the apex court dismissed on Sept 23, 1997, granting finality to the decree.That same year, Singh’s family filed an execution case seeking enforcement. The proceedings have remained pending ever since. After Singh’s death on July 5, 1998, his son Jai Chand pursued the case.In 1998, the Harola gram sabha filed a separate suit asserting the land belonged to an adjacent govt primary school. That suit was also dismissed. But the petitioner claims a part of the land was “forcibly grabbed” and used for expanding the school despite court orders“Timely justice is the heartbeat of any credible judicial system. But justice doesn’t end with a verdict. It is realised only when the successful party actually enjoys its fruits. Delay in adjudication and obstruction in execution both defeat fundamental rights. In short, a delayed right is a denied right,” said advocates Deepak Goel and Sharad Raghav, who are representing the petitioner.Harola is one of Noida’s oldest urban villages, located near Sector 5. Originally agrarian, it was gradually absorbed into the planned township, and today has dense residential settlements, local markets, rental accommodations and small businesses.Noida Authority officials did not respond to requests for comment.