FRIENDS CENTRAL GOVERNMENT EMPLOYEES CO OPERATIVE HOUSING BOARD SOCIETY LIMITED Vs. REGISTRAR OF CO OPERATIVES

JUDGEMENT

(1.) AFFIDAVIT, when filed is not false but subsequent allotment by DDA of another flat, then deponent is not entitled to another allotment. In this application it is stated that the applicant Shri S.C. Jain should be allotted a plot because one plot has been wrongly allotted to Major General S.K. Arora The contention of the applicant is that Mr. Arora. had been allotted a flat in 1986 in Mandakini Enclave, New Delhi. This allotment had been made under the SFS by the D.D.A. It is further alleged that Mr Arora had filed a false affidavit in this Court and had not disclosed that a flat had been allotted to him and possession handed over.

(2.) In reply to the application, it is not denied by Mr. Arora that he has been allotted a flat by the DDA in Mandakini Enclave in 1986. It is, however, stated that he has not sworn any false affidavit.

(3.) The earliest affidavit which was filed in this Court was in 1981. At that time, admittedly, Mr Arora had not been allotted any flat. Nevertheless, in para 5 of that affidavit, it had been stated by Mr. Arora that as and when any flat or land is allotted to him, he will inform the authorities about the same. It is clear that in 1981 when the said affidavit was filed there was no allotment of the flat in Mandakini Enclave in his favour. We do not agree with the applicant, therefore, that any false affidavit was filed. IS is, however, clear that the said deponent did not inform the Court about his allotment of the fiat at Mandakini Enclave in 1986. We would have expected a responsible officer like Major General Arora to have complied with the terms of his own undertaking but as the lapse is not serious, we ignore the same.