quesValidation of affidavit before lease deed.

I have given an affidavit to Mining department saying that the mining product will be used only for cottage industry. Even as per law that type of affidavit is not required and even other Lessees has not given the same affidavit. After 1 year of giving the affidavit mining department gives the lease and the condition is not included in the Lease deed. After 2 years they cancel the Mining lease referring the affidavit that the mining product is not sold to cottage industry. Would like to know whether the affidavit is valid when the same is not included in the Lease Deed?

  • ansWhile the mine is given for lease, whatever conditions are imposed should be duly incorporated in the terms in the lease, any such additional affidavit an be challenged for having no validity in law. What if such a condition in affidavit was repugnant to the condition in the lease then will the lease prevail or the affidavit. You should engage a lawyer in and approach High court or appropriate forum if such cancellation has been done.

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