38.6c New Delhi, India, Saturday, July 13, 2024
Judiciary

‘Domain of policy making’: Delhi HC Directs Centre and State To Consider Representation to link properties with Aadhaar [Read Petition]

By Rintu Mariam      22 December, 2023 05:28 PM      0 Comments
‘Domain of policy making’: Delhi HC Directs Centre and State To Consider Representation to link properties with Aadhaar [Read Petition]

New Delhi: The Delhi High Court on Thursday asked the Centre and the Delhi Government to consider the petitioner’s representation seeking to link movable and immovable property documents of all citizens with their Aadhaar number to curb corruption, and 'benami' transactions, within eight weeks. 
 

A Bench of Justices Justice Rajiv Shakdher and Justice Girish Kathpalia has asked the respondents to treat the present petition as a part of the representation which was filed by the petitioner in 2019 and deliberate on the same. After carrying out necessary deliberations, involving the petitioner, if so required, and other stakeholders (including if necessary public consultation), the respondents should dispose it of. 
 

A Bench of Justices were not inclined to pass any directions noting that the subject matter of the Advocate Ashwini Kumar Upadhyay’s plea primarily fell within the domain of policy making. Further, the process would require inputs from various stakeholders, including public consultation.
 

“We are of the considered view that the exercise of linking Aadhar Cards with transactions related to property – movable as well as immovable, basically falls in the domain of policy making and consequently, beyond the scope of judicial intervention. It is only once a policy is framed and/or acted upon by the executive that the decision would be open to judicial scrutiny. Besides, the exercise of linking Aadhar Cards with property transactions would require inputs from various stakeholders, including public consultation. The policy framers may have to examine readiness and ground realities. That being so, at this stage, we are not inclined to issue any directions as sought in prayer clause (a) of the petition”. 
 

The petitioner’s case was that that benami transactions qua movable and immovable property are potent source of black money generation and corruption, which, in turn, undermine the rule of law and also lead to economic under-performance of governmental bodies and consequent obstacle in poverty alleviation. 
 

Further, the rights flowing from Article 21 of the Constitution of India cannot be secured without curbing corruption. However, no provision has been made by the Government to link Aadhar Cards with the transaction documents related to the movable and immovable property. If this is done, it would clean up not just corruption but also the black money and even flaws of the electoral process in this country, the petitioner contended. 
The counsel for the respondents assured that they would dispose of the said representation within reasonable period of time.
 

On September 14, 2022, Upadhyay sought time to implead the Ministry of Finance, Ministry of Housing and Urban Affairs, Ministry of Rural Development, and Ministry of Law, Government of India as parties in the present case. 
 

On October 15, 2019, a bench of Chief Justice D N Patel and Justice C Hari Shankar had issued notice to the Unique Identification Authority of India (UIDAI), which issues the 12-digit unique identification number – Aadhaar and sought its response.

 

[Read Petition]



Share this article:



Leave a feedback about this
Related Posts
View All

'Without documentary proof, Waqf Board can't lay claim over any property' 'Without documentary proof, Waqf Board can't lay claim over any property'

In 2012, the Anjuman Committee addressed a letter to the Chairman of the Waqf Board stating there is a wall and Chabutrah (platform) on a 'Tiranga Ki Qalandari Masjid’ where in olden times laborers used to offer prayers.

Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment] Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment]

The Delhi High Court sets aside an Arbitral Tribunal's award favoring IRB Pathankot Amritsar Toll Road Ltd over a delay in a highway project. The court finds that the tribunal did not address the essential dispute of whether the National Highways Authority of India (NHAI) was in material default, rendering the award invalid.

Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order] Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

A Delhi court refuses to stay the defamation case filed by Union Cabinet minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot. The court declined to stay the summons and sets a hearing date for August 19.

Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case

Delhi High Court is set to begin day-to-day hearings from August 28 for appeals by CBI and ED against acquittals in the 2G spectrum allocation case, expressing displeasure over adjournment requests. The case involves former telecom minister A Raja and business entities. Learn about the proceedings and details of the case.

TRENDING NEWS

bombay-high-court-denies-interim-relief-in-plea-against-1-year-pan-masala-ban
Trending Judiciary
Bombay High Court denies interim relief in plea against 1 year Pan Masala Ban [Read Order]

Bombay High Court denies interim relief to petitioners challenging the 1-year ban on pan masala, citing arguable questions and ongoing similar cases.

12 July, 2024 10:00 AM
sc-collegium-recommends-appointment-of-chief-justices-of-eight-high-courts
Trending Judiciary
SC Collegium recommends appointment of Chief Justices of eight High Courts [Read Order]

SC Collegium recommends appointments of Chief Justices for Delhi, Himachal Pradesh, J&K, Kerala, Madhya Pradesh, Madras, and Meghalaya High Courts.

12 July, 2024 10:55 AM

TOP STORIES

sc-to-hear-various-pleas-challenging-neet-ug-exam-today
Trending Judiciary
SC to Hear Various Pleas Challenging NEET-UG Exam Today

The Supreme Court will hear pleas challenging the NEET-UG exam today, with students raising concerns over malpractice and irregularities in the 2024 test.

08 July, 2024 10:23 AM
courts-cant-ask-accused-to-share-google-pin-location-as-bail-condition-sc
Trending Judiciary
Courts can't ask accused to share Google PIN location as bail condition: SC

Courts can't mandate sharing Google PIN location as bail condition, protecting privacy rights: Supreme Court. Decision overturns Delhi HC's bail condition requiring Google PIN sharing.

08 July, 2024 12:13 PM
madhya-pradesh-hc-quashes-fir-in-rape-case-rules-consensual-relationship-cannot-be-termed-rape
Trending Judiciary
Madhya Pradesh HC quashes FIR in rape case, rules consensual relationship cannot be termed rape [Read Order]

Madhya Pradesh HC quashes FIR in rape case, ruling consensual relationship between adults, even if promise of marriage is broken, cannot be termed rape.

08 July, 2024 12:47 PM
uttarakhand-hc-seeks-state’s-response-on-arresting-minors-found-dating
Trending Judiciary
Uttarakhand HC seeks State’s response on arresting minors found dating [Read Order]

Uttarakhand High Court seeks the state's response on arresting minors found dating, suggesting alternatives like counseling and statement recording.

08 July, 2024 01:34 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email