Delhi High Court defers decision, leaves property document-Aadhaar link to Govt.

Delhi High Court defers decision, leaves property document-Aadhaar link to Govt.

The Delhi High Court has issued a directive to the Central and Delhi governments, urging them to make a decision within a three-month timeframe regarding a plea proposing the integration of property documents with Aadhaar. A Public Interest Litigation (PIL) filed by Bharatiya Janata Party (BJP) leader Ashwini Upadhyay was listed before the bench of Justices Rajiv Shakdher and Girish Kathpalia which was subsequently disposed of.

The court emphasized that the matter is best left to the government's jurisdiction, acknowledging the complexity of the issue. It stated that addressing corruption is crucial, but empirical evidence and a comprehensive study are necessary to assess the pros and cons of linking property documents with Aadhaar. The Bench suggested that authorities could seek assistance from Upadhyay if needed.

Upadhyay's PIL argued that connecting Aadhaar to property documents would be an effective measure to combat corruption, black money, and benami transactions. He contended that the government has a responsibility to take action against corruption and black money, aligning with the objectives outlined in Article 21 of the Constitution.

According to Upadhyay, linking movable and immovable properties with the owner's Aadhaar number could deter black money holders from concealing their unaudited assets. He asserted that this approach would take years to regenerate an equivalent amount of benami property, contributing to the eradication of black money generation.

Highlighting the potential benefits of the proposed system, Upadhyay claimed that making it mandatory to link property documents with Aadhaar could result in a 2% increase in annual growth. Furthermore, he argued that such a linkage would cleanse the electoral process, which is currently influenced by black money and benami transactions, disrupting a cycle involving significant black investments, manipulation of political power, and the accumulation of private wealth through illegitimate means.

Case: Ashwini Kumar Upadhyay v Union of India and Ors.

 

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