AFFIDAVIT
I, [insert name], s/o d/o w/o [insert father’s name / husband’s name] r/o [insert address with pin code], aged about [insert age] years do hereby solemnly affirm and state as under:
1. That I am [or I am the duly constituted attorney of insert name] an allottee of plot bearing no. [insert plot details] in Okhla Enclave (Edenburg City) Faridabad being developed by M/s. Durga Builders (P) Ltd. (hereinafter referred to as “the colonizer”).
2. That I [the allottee] hereby state [states] that there is no dispute regarding the allotment of the plot to me [the allottee].
3. I am [The allottee is] a member of Okhla Enclave Plot Holders (Allottees) Forum (hereinafter referred to as “the Forum”).
4. All members of the said ‘Forum’, including me [the allottee], have made full and final payment with respect to their plots.
5. Vide order dated 19.05.2006 in CM No. 2971 of 2005 in CWP No. 3311 of 2001, the colonizer has been directed by Hon’ble Punjab & Haryana High Court to register a sale deed in favour of myself, and also in favour of other members of the said ‘Forum’, in relation to each of our allotted plots.
6. Vide order dated 19.05.2006 in CM No. 2971 of 2005 in CWP No. 3311 of 2001, the colonizer has been directed by Hon’ble Punjab & Haryana High Court to place me, and other members of the said ‘Forum’, in physical possession of each of our allotted plots.
7. The following words are contained in the said order dated 19.05.2006, at pages 8 and 9 :
“… We accordingly issue a direction in terms of the order of the Director Annexure P-16 and direct the Colonizer to execute the sale deeds and hand over possession within a period of three months from today …”
8. Order dated 19.05.2006 is now final, since, vide order dated 04.01.2008, Hon’ble Supreme Court dismissed the Special Leave Petition (SLP No. 14843 of 2006) challenging the said order dated 19.05.2006.
9. No exemption was granted to the colonizer, by Hon’ble Supreme Court, from complying with the directions contained in the said order dated 19.05.2006.
10. No extension of time was granted to the colonizer, by Hon’ble Supreme Court, for complying with the said order dated 19.05.2006.
11. More than three months have passed since 19.05.2006, and since 04.01.2008, and yet the colonizer has not complied with the directions contained in the said order dated 19.05.2006.
12. COCP No. 17/2009 was filed by the ‘Forum’ before Hon’ble Punjab & Haryana High Court against the colonizer for its failure to comply with the said binding order dated 19.05.2006. Director General, Town & Country Planning, Haryana, Chandigarh is one of the respondents in COCP No. 17/2009, which is still pending.
13. That, without prejudice to my [the allottee’s] rights, claims and contentions, I [the allottee] hereby state [states] that my [the allottee’s] rights have already been confirmed and protected vide order dated “March 18, 2002” issued by a Division Bench of Hon’ble Punjab and Haryana High Court. The following binding words, findings and directions are very important, and must not be ignored :
“… Even in the written statement of respondent No.4, the colonizer, filed in the present proceedings, it has been admitted that 1475 plots under the ‘no profit no loss’ category had been allotted … As already mentioned above, the present petitioners cannot be treated as being more adversely situated than the writ petitioners before the Hon’ble Supreme Court. To our mind, they having deposited the full amount claimed from them well in time must atleast get the treatment given to the petitioners in WP Nos.113, 477, 876 and 792of 1996.
For the foregoing reasons, we allow the writ petition, quash the order, Annexure P-15, dated 18.10.2000 and issue a direction that the petitioners will be treated at par with the writ petitioners before the Hon’ble Supreme Court. The petitioners shall also have their costs … to be recovered from the colonizer. …”
14. The said order dated 18.03.2002 is final, since, to my knowledge, it has not been challenged vide any court proceeding (SLP, etc.).
15. My [The allottee’s] name was in the first and only list of 1775 allottees given by the colonizer to the Director General, Town & Country Planning, Haryana.
16. That the said allotment, and all documents pertaining thereto, have been duly verified several times, including by Managing Director of the colonizer, Municipal Corporation Faridabad, and by a Committee appointed by Hon’ble Supreme Court.
17. My claims have been examined by Commissioner, Municipal Corporation Faridabad, in pursuance of order dated 4.09.2003. This was done in consultation with the colonizer
18. Speaking order dated 23.08.2004 was passed by Director, T&CP along with the list of verified cases of members of the said ‘Forum’.
19. Court Commissioner was appointed by Hon’ble Supreme Court in I.A. No.s 8 & 9. This Court Commissioner has also physically verified and stamped the claims of the members of the said ‘Forum’ in the presence of the colonizer’s representative. All the claims of the members of the said ‘Forum’ have been found to be eligible for entitlement to the plots, as per the report submitted by the Court Commissioner to Hon’ble Supreme Court.
20. That I [the allottee] hereby state [states] that there is no dispute regarding entitlement to lawful possession by me [the allottee] in respect of the plot allotted to me [the allottee].
21. That, without prejudice to my [the allottee’s] rights, claims and contentions, I [the allottee] hereby confirm [confirms] that the plot, and allotment of the plot, of the claimant / allottee has never been cancelled by the colonizer at any stage.
22. That, without prejudice to my [the allottee’s] rights, claims and contentions, I [the allottee] hereby confirm [confirms] that the claimant / allottee has not transferred / sold the plot to any other third person. That I [the allottee] hereby confirm [confirms] that no third party rights have been created on the plot.
23. That I [the allottee] hereby state [states] that the present affidavit is being issued in compliance of a request contained in the “PUBLIC NOTICE dated 18.08.2016” issued by Director General, Town & Country Planning, Haryana, Chandigarh.
24. That the arbitration proceedings before Ld. Arbitrator, Justice Vikramjit Sen, in the matter of “Okhla Enclave Plot Holders Association and others V/s. Union of India and others”, are only applicable to persons who were parties to I.A.s 8 and 9 before Hon’ble Supreme Court, and in respect of whom only order dated 27.01.2016 was passed by Hon’ble Supreme Court.
25. That I [the allottee] hereby state [states] that I was [the allottee was] not a party to I.A.s 8 and 9 before Hon’ble Supreme Court in respect of which only the Ld. Arbitral Tribunal has been set up.
26. Hence the arbitration proceedings before Ld. Arbitrator, Justice Vikramjit Sen, in the matter of “Okhla Enclave Plot Holders Association and others V/s. Union of India and others”, are not applicable to me [the allottee].
27. That I [the allottee] hereby state [states] that the arbitration proceedings before Ld. Arbitrator, Justice Vikramjit Sen, in the matter of “Okhla Enclave Plot Holders Association and others V/s. Union of India and others”, are not applicable to “Land alleged to have been occupied by” various persons, including me [the allottee], which are covered by the following words contained in Hon’ble Supreme Court’s order dated 15.07.2015 :
“… land alleged to have been occupied by the encroachers or persons claiming title and also under general category …”
28. That I [the allottee] hereby state [states] that order dated 23.07.2016 passed by the Ld. Arbitrator in the above-mentioned matter does not directly, or even indirectly, require filing of any affidavit as stated in the above-mentioned “PUBLIC NOTICE”.
29. That, without prejudice to my [the allottee’s] rights, claims and contentions, I [the allottee] hereby state [states] that colonizer does not have any power to cancel my allotment, which has been duly verified repeatedly, which is undisputed, and which is not a subject matter of the above-mentioned arbitration proceeding.
30. I state that the statements and averments contained in the accompanying application are true and correct to my knowledge, the submissions contained therein are based on advice received and believed by me to be correct.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ……. date of September, 2016 that the above contents are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom.
DEPONENT
