Friends Central Government ... vs Registrar Of Co-Operatives
1991 Latest Caselaw 195 Del

JUDGMENT

B.N. Kirpal, J.

(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 favor. 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.

(4) It is clear from the aforesaid that at the time when this Court was finalising and settling the list or members to whom allotment of flats could be made in 1989 Major Gen. Arora was not eligible to get a plot of land. Had the Court known that Maj. Gen. Arora had already obtained a flat from Dda in the year 1986, his name would have been struck off from the list of members to whom plots could have been allotted. In view of the undisputed facts which appear before us, it is clear that the allotment of plot in favor of Major General Arora vide order dated 23rd May, 1989 was made under a misapprehension to the effect that Major Gen. Arora was eligible for allotment of a plot. In actual fact he was not eligible to a plot of land and if the vital fact, namely, that he had already been allotted a flat in Mandakini Enclave, had been committed. We, therefore, direct that the allotment of plot in Category Iii in favor of Mr. Arora be cancelled and any money paid by him in this regard should be returned by the Society to Mr. Arora within four weeks from today.