This article outlines the general format of a Rejoinder Affidavit filed in response to a Counter Affidavit in a Special Leave Petition (SLP) before the Supreme Court of India.

Format of Rejoinder Affidavit Against Counter Affidavit in Supreme Court of India – Key Details :

1. Introduction:

   • States the petitioner’s identity and authority to file the affidavit.
   • Acknowledges receipt and understanding of the respondent’s Counter Affidavit.
   • Typically states that all assertions in the Counter Affidavit are denied unless specifically admitted.

2. Preliminary Submissions (if any):

   • This section allows the petitioner to raise preliminary objections or arguments before addressing the specific points raised in the Counter Affidavit.

3. Reply to Counter Affidavit:

   • This is the core of the Rejoinder Affidavit.
     • It addresses the specific arguments and contentions raised in the Counter Affidavit.
     • It provides counter-arguments and evidence to support the petitioner’s position.

4. Questions of Law:

   • This section outlines the substantial questions of law that the SLP raises for the consideration of the Supreme Court.

5. Verification:

   • The deponent verifies the truthfulness and accuracy of the information contained in the Rejoinder Affidavit.

Important Considerations:

• Purpose: The Rejoinder Affidavit aims to address and rebut the arguments and evidence presented in the Counter Affidavit.
• Conciseness and Clarity: The affidavit should be concise, clear, and free from irrelevant or repetitive arguments.
• Evidence: The Rejoinder Affidavit may refer to evidence already on record or may introduce new evidence as permitted by the rules of the Court.
• Legal Counsel: It is highly advisable to consult with legal counsel when drafting a Rejoinder Affidavit to ensure compliance with legal procedures and to effectively present the petitioner’s case.

Format of Rejoinder Affidavit Against Counter Affidavit in the Supreme Court of India

In the Supreme Court of India, under Article 136 of the Constitution, the format for a Rejoinder Affidavit against a Counter Affidavit is an essential part of civil appellate jurisdiction proceedings.

This affidavit allows the petitioner to respond comprehensively to the contentions raised by the respondents.

IN THE SUPREME COURT OF INDIA

[S.C.R. 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. Petitioner’s Competence: That I am the Petitioner No. 1 in the above-mentioned SLP, well-acquainted with the facts and circumstances of the case, competent, and fully authorized to swear this affidavit. I have also been authorized by all petitioners in the SLP to file this affidavit on their behalf.
2. Understanding the Counter Affidavit: That the Petitioner has read and understood the counter affidavit filed by Respondent No.1 to 4 and hereby replies to the same.
3. Denial of Submissions: That the Petitioner is not providing a para-wise reply to the counter affidavit. At the outset, it is submitted that all submissions made by Respondent No.1 to 8 are deemed denied unless specifically admitted.
4. Preliminary Submissions: Before furnishing the reply, the Petitioners request this Hon’ble Court to consider the following preliminary submissions.

Preliminary Submissions

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

5. MoU Details: The MoU dated ______, entered into between the Government and M/s. ___________ Limited, contains terms indicating the land was being acquired for a private company:
   • “The Company shall identify a suitable site in the State and carry out necessary surveys for land availability for the Power Station, Township, ash bound, source of coal, feasibility of coal movement, water availability, power evacuation, etc. The Company shall submit a 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. Acquisition for Private Company: The contention that the land was being acquired for Respondent No. 8, a Private Company, pursuant to the State Government’s Energy Policy dated 31.10.2001.
7. Reference to Case Law: The contentions of Respondent No. 8, referencing Pratibha Nema V. State of M.P., (2003) 2 SCC 626, are misleading as the facts of this case differ significantly from the cited case.

Reply to the Counter Affidavit on Merits

8. Substantial Question of Law: The petitioner responds to the counter affidavit without prejudice to the preliminary submissions mentioned above:

Question of Law:

The present Special Leave Petition raises substantial questions of law of general public importance for consideration by this Hon’ble Court, justifying the SLP’s allowance.

The land acquisition was intended to hand over land to a Private Company for setting up and operating a profit-driven power generation project.

The acquisition might have been conducted under Part VII of the Act for the Company, with no government investment. Additionally, as per the MoU, the company is responsible for investing a total project cost of Rs. 5000 Crore.

9. Prayer: In light of the aforementioned submissions, it is most respectfully submitted that this Hon’ble Court may graciously be pleased to allow the captioned Special Leave Petition.
10. New Facts and Documents: No new facts have been pleaded in the present Rejoinder affidavit, nor has any document not part of the lower court records been annexed.

DEPONENT

Verification: I, the above-named Deponent, verify that the contents of the above Affidavit and the Annexures 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

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Disclaimer: This article provides a general overview of the format of a Rejoinder Affidavit. The specific requirements and content may vary depending on the nature of the case and the specific rules of the Supreme Court.

Note: This article is for informational purposes only and does not constitute legal advice.