LI Network
Published on: December 21, 2023 at 12:54 IST
The Delhi High Court instructed both the Centre and the Delhi Government to determine a public interest litigation (PIL) proposing the linkage of property documents with Aadhaar within three months.
The division bench, comprising Justice Rajiv Shakdher and Justice Girish Kathpalia, dismissed the plea, brought forward by BJP leader and Advocate Ashwini Kumar Upadhyay, stating that it involves a policy decision within the purview of the concerned authorities.
The court granted liberty to the authorities to consult Upadhyay if needed, emphasizing the incapacity of the court to intervene in policy matters.
The bench acknowledged the complexity of the issue and recommended treating it as a representation for the authorities to evaluate. It asserted that mandamus would not be issued, indicating that the plea would be forwarded to the government for appropriate action.
The court highlighted the need for empirical evidence, suggesting a comprehensive study on the benefits of linking property documents with Aadhaar. It mentioned the existing Benami Act and emphasized the importance of examining the consequences before implementing such a measure.
Upadhyay’s plea aimed to direct the Union of India and the Delhi government to link citizens’ movable and immovable property documents with their Aadhaar numbers as a measure to combat corruption, black money, and benami transactions.
The petitioner argued that this linkage would force holders of black money to declare their unaudited properties and aid in achieving the goals outlined in the Constitution’s Article 21.
The plea proposed that linking Aadhaar with property documents would offer tax authorities immediate access to details about legal owners, assisting in identifying benami properties and curbing corruption.
It cited reports from organizations like Transparency to emphasize the connection between benami transactions and widespread corruption.
Case Title: Ashwini Kumar Upadhyay v. Union of India & Anr.