Format of Rejoinder Affidavit against Counter Affidavit in Supreme Court of
India.

Rejoinder in Supreme Court should be filed in the format of affidavit. If
any of the annexure is a translated copy, separate application should be filed
to get leave of the court for exemption from filing official translation. Format
of Rejoinder Affidavit is:

 

 

IN THE SUPREME COURT OF INDIA
[SCR XXI RULE 3(1)(A)
CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (C) CC NOS. _____ OF 2015

IN THE MATTER OF:
HT & ORS                                                            
….PETITIONERS

VERSUS

STATE OF CHHATTISGARH & ORS                        
….RESPONDENTS

REJOINDER AFFIDAVIT ON BEHALF OF THE PETITIONERS TO THE COUNTER AFFIDAVIT OF
RESPONDENT NO.1 to 4

I, _________________, aged __ years, Son of Shri _____________ _____ ____
_______ __ _____, do hereby solemnly affirm and declare as under:

 
1. That I am the Petitioner No. 1 in the above mentioned SLP and being familiar
with the facts and circumstances of the cases, I am competent and fully
authorised to swear this Affidavit. I have also authorised by all the
petitioners in the SLP to file this affidavit on their behalf.
 

2. That the Petitioner has read and understood the counter affidavit filed by
Respondent No.1 to 4 and the reply to the same is as under.

3. That the Petitioner is not filing para-wise reply to the counter affidavit
and therefore, at the outset it is submitted that all the submissions made by
Respondent No.1 to 8 are deemed to be denied unless specifically admitted.

4. That, before furnishing reply, the Petitioners craves leave of this Hon’ble
Court to make the following preliminary submissions.

PRELIMINARY SUBMISSIONS
The present Special Leave Petition concerns the acquisition of land initiated by
the State Government in the village _____of State of _____. The Government had
initiated land acquisition proceedings to acquire approximate 50 acres of land
for Respondent No. 8, , a Private Company.

5. The MoU dated ______ entered into between Government and M/s. ___________
Limited contains the following terms which shows that the land was being
acquired for a private company:

a. “The Company shall identify a suitable site in the State and carry out
necessary surveys for availability of land for the Power Station, Township and
ash bound, source of coal, feasibility of movement of coal, water availability,
power evacuation etc. The Company shall submit Feasibility Report of the Project
to the Government within 6 months of signing this MoU. The Company shall obtain
all necessary clearances from the competent authorities”

REPLY TO THE COUNTER AFFIDAVIT OF RESPONDENT NO. 1 TO 8
6. The Contention of the Respondents that the land was being acquired for
Respondent No. 8, a Private Company in pursuant to the State Government’s Energy
Policy dated 31.10.2001.

7. The contentions of Respondent No. 8 by reference made in the case of Pratibha
Nema V. State of M.P., (2003) 2 SCC 626 is misleading as the facts in this case
are entirely different than the above sited case.

REPLY TO THE COUNTER AFFIDAVIT ON MERITS
8. The petitioner puts in its replay to the counter affidavit subject to and
without prejudice to the preliminary submissions mentioned above:

QUESTION OF LAW:
The present Special Leave Petition raises substantial question of law of general
public for consideration of this Hon’ble Court and the SLP needs to be allowed.
Without prejudice the Petitioner submits as under:

A to D

The question of law are very important and to be answered as the land
acquisition was done to hand over the land for a Private Company to setup and
run power generation project to make profit for the company. The land
acquisition might have done under Part VII of the Act for the Company, as there
is no investment from the part of the Government. Further, as per the MoU the
company is responsible to invest total project cost of Rs. 5000 Crore.

 

9. In view of the submissions made hereinabove, it is most respectfully
submitted that this Hon’ble Court may graciously be pleased to allow the
captioned Special Leave Petition.

10. That no new facts have been pleaded in the present Rejoinder affidavit
neither any document has been annexed which was not part of the record before
the courts below.

DEPONENT

VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of the above
Affidavit and the Annexures herewith are true and correct to the best of my
knowledge, no part of it is false and nothing material has been concealed
therefrom.

Verified at New Delhi on _________, 20__.

DEPONENT