Gujarat High Court Asks Govt Pleader To Issue Directions For Drafting 'Proper' Affidavits, Providing 'Para-Wise' Reply To Pleas

While hearing a matter pertaining to fair compensation in view of land acquisition, the Gujarat High Court said that it had come across various matters, wherein affidavits filed by officers of the State in reply to writ petitions, were bereft of "para-wise" replies.

In doing so the court also called for drafting of proper affidavits–not only stating the facts, but also providing para wise reply to the petitions in view of the settled law of pleadings.

A division bench comprising Chief Justice Sunita Agarwal And Justice Pranav Trivedi in its October 8 order said, “Before parting with this order, we may record that in many matters argued before us, we have came across the affidavits filed on behalf of the officers of the State in reply to the writ petitions, stating facts without giving para-wise reply to the contents of the writ petition and this issue has been brought to the notice of the learned Government Pleader but it seems that there is no concern as no improvement could be seen in the method of drafting of the affidavits filed on behalf of the State – Respondents.”

“The learned Government Pleader is required to look into and issue necessary directions to all Assistant Government Pleaders working in the office to draft a proper affidavit not only stating the facts independently but also giving narrative by giving para-wise reply to the contents of the writ petitions / affidavits filed by the petitioners, as per the settled law of pleading, inasmuch as, in absence of any denial, the contents of the writ petition are to be admitted as true,” the Court directed.

Additionally, the court instructed that the order should be brought to the attention of the Government Pleader forthwith and also to the Advocate General to make him aware of the "situation of working in the Government Pleader's Office".

This order was passed in a matter concerning the acquisition for the Metro Rail Project. The high court in its order noted that the affidavit submitted by the Special Land Acquisition Officer, Surat, merely narrated facts and failed to address the petitioner's contention regarding the denial of a personal opportunity for a hearing under Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Acknowledging the lack of a substantive response, the court stated, “In absence of any such response, we are constrained to accept the statement made in the writ petition as true. At this stage, Ms Maithili Mehta, learned Assistant Government Pleader appearing for the State – Respondents would submit that one opportunity may be granted to the concerned respondent to rectify the mistake and to file a para-wise reply to the writ petition along with the relevant documents within the period of two weeks.”

Granting the prayer the court thereafter listed the matter on October 22.

Case Title: Jigar Developers Versus State Of Gujarat & Ors.

Click Here To Read Order