Affidavits Not Mere Sheets of Paper but Solemn Statements on Oath: Supreme Court Upholds Cancellation of NOIDA Plot Allotment
Case: New Okhla Industrial Development Authority V. Ravindra Kumar Singhvi (Dead) Thr. Lrs.
Coram: Justices Hemant Gupta and V Ramasubramanian
Case No.: Civil Appeal No. 382 Of 2012
Court Observation: “Therefore, affidavits filed were not mere sheets of paper but a solemn statement made before a person authorized to administer an oath or to accept affirmation. The plaintiff had breached such a solemn statement made on oath. The terms and conditions of allotment conveyed to the plaintiff on 1.12.1988 have a specific clause that if allotment is obtained by any misrepresentation or misstatement or fraud, the lease may be canceled and the possession of the plot and the building thereon may be taken by the Authority. Therefore, cancellation of allotment of plot obtained after filing false affidavit is a legitimate ground of cancellation of lease.”
“Once an affidavit has been filed which is on the face of it false to the knowledge of the executants, no benefit can be claimed on the ground that delivery of possession was given.”
“Therefore, affidavits filed were not mere sheets of paper but a solemn statement made before a person authorized to administer an oath or to accept affirmation. The plaintiff had breached such a solemn statement made on oath. The terms and conditions of allotment conveyed to the plaintiff on 1.12.1988 have a specific clause that if allotment is obtained by any misrepresentation or misstatement or fraud, the lease may be canceled and the possession of the plot and the building thereon may be taken by the Authority. Therefore, cancellation of allotment of plot obtained after filing false affidavit is a legitimate ground of cancellation of lease.”
“The argument that the lease was required to be determined by the Chief Executive Officer is not tenable. The determination of lease by the Chief Executive Officer would arise if in case there was any violation of the terms of lease. If the condition precedent for grant of lease itself was fraudulent, the cancellation of lease was not required to be preceded by permission of the Chief Executive Officer. Still further, the Chief Executive Officer has granted permission on 13.9.1998, though the cancellation order was passed on 18.10.1996. Thus, it is a case of irregularity at best which stands removed with the permission of the Chief Executive Officer. The argument that if the statute prescribes a power to do a certain thing in a certain way, such a thing must be done in that way and other modes of performance are necessarily forbidden is not applicable in the present case. Firstly, for the reason that admittedly, false affidavits were filed by the plaintiff as well as by his wife. The filing of a false affidavit disentitles the plaintiff for any equitable relief. Secondly, any irregularity in the process of cancellation stands cured with the Chief Executive Officer granting permission on 13.9.1998.”
“The fact is that the second plot allotted to the plaintiff had been allotted against the express terms of allotment. Therefore, there is neither equity nor any law in favor of the plaintiff. A person who misleads the Authority in obtaining allotment of a plot is not entitled to any relief.”
Previous Posts
Cannot Find Favour When Free Speech Is Celebrated – Kerala High Court Quashes Censure against KSEB Cashier For WhatsApp Text Against CM Download Judgement
Keywords
Statements on Oath, Affidavits, Solemn Statements, Oath
