RE-JOINDER AFFIDAVIT

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO.  ………… of 2014

 

IN THE MATTER OF:

ABC  & Ors.                               …Petitioners

Versus

XYZ & Ors                                            …Respondent

 

RE-JOINDER AFFIDAVIT ON BEHALF OF THE PETITIONERS

I, __________________ aged about ___ years, son of  _________________________ residing at _______________, _____________, PS-______________ , District ___________, _____________, presently at ________________, do hereby solemnly affirm and state as under.

  1. That I am ________________,_____________ . I am conversant with the facts and circumstances of the case from the perusal of official records and files in my official capacity. I have been authorized in this Special Leave Petition, to file the re-joinder affidavit on behalf of the petitioner. Hence, I am competent to swear this affidavit.
  2. That I have read the contents of the Counter Affidavit filed by the Respondent understood its contents. The facts not specifically admitted are denied and the respondent be put to strict proof thereof. 
  3. That it is respectfully submitted that the instant Special Leave Petition is being filed against the judgment and order dated 20.08.2013 passed by the Hon’ble High Court of Punjab and Haryana At Chandigarh in Civil Writ Petition No. 17753 of 2005. 
  4. That in reply to the paragraph 1 of the Preliminary Objection it is humbly submitted that the Hon’ble High Court erred in coming to the conclusion that the Show Cause Notice dated 24.06.2005 and Notice/ order dated 18.10.2005 are unsustainable. Further the Hon’ble High Court failed to consider the fact that the Respondnet is not covered under the Exemption provided under section 15 (a) of the Pinjab New Capital Periphery Control Act, 1952. That the Hon’ble Court failed to consider the fact that the respondent is constructing 98 independent apartments in 9 Storey Building for the purpose of selling it to people and earning profits out of it and this conduct of the respondent is a Commercial act for earning profit.
  5. That in reply to the paragraph 2 of the Preliminary Objection it is humbly submitted that the notice dated 18.10.2005 issued to the Respondent is to remove the unauthorized construction on the site of abadi of village Sarangpur.
  6. That in reply to the paragraph 3 & 4 of the Preliminary Objection it is humbly submitted that the Section 15 (a) exempt any building for residential purpose but herein the respondent had constructed building for his personal gain and is selling the apartment and the act of the respondent is a Commercial Act.
  7. That in reply to the paragraph 5 of the Preliminary Objection it is humbly submitted that the impugned order in the SLP is devoid of law and shall be set aside.
  8. That in reply to the paragraph 7 of the Para wise reply it is humbly submitted that same is replied in above paragraphs.
  9. That in reply to the paragraph 8 & 10 of the Para wise reply it is humbly submitted that the respondent had not constructed the building for his residential use but same is being constructed for the purpose of selling and making profits out of that. The respondent’s act is an illegal act and against the provision of the Punjab New Capital (Peripheri) Control Act, 1952 and the provision of The Chandigarh Administration (Erection and re-erection of Building) Rules, 2006.
  10. That in reply to the paragraph 11 of the Para wise reply it is humbly submitted that the respondent failed to comply with the other basic norms for constructing a building and hence all the grounds mentioned in ground D to Q are important and completely within the ambit and scope of the present SLP. 
  11. That in the above mentioned facts and circumstances the present SLP be allowed and the impugned order be set aside.  
  12. That it is respectfully submitted that no new document or new fact has been submitted in this counter affidavit which was not a part of records before the Court below. 
  13. That the facts stated in the above affidavit are true to my knowledge derived from the official records and no part of the same is false and nothing material has been concealed there from.

     

DEPONENT

VERIFICATION:

I the above named deponent do hereby verify that the facts stated in the above affidavit are true to my knowledge derived from official records, which I believe to be true. No part of it is false and nothing material is concealed there from.

Verified at _________, on this _______day of______, 2014.

 

 

 

DEPONENT

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