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Synopsis

The Delhi High Court on Thursday directed the Centre and the Delhi Government to consider representation within three months in the Public Interest Litigation (PIL) filed seeking direction to link movable and immovable property documents of all citizens with their Aadhaar number to curb corruption, black money generation, and 'benami' transactions.

Accordingly, the bench, comprising Justice Rajiv Shakdher and Justice Girish Kathpalia, disposed of the PIL. The bench also said, "We will pass a deatiled order."

In April, the then Chief Justice Satish Chandra Sharma had remarked orally.“It is a good matter, let replies come”.

Notably, 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 or respondents in the present case. The court had granted a week's time to do the same. The court had then granted four weeks to the Delhi government to file its detailed reply.

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 called Aadhaar, and sought its response. 

The plea filed by Advocate Ashwini Kumar Upadhyay stated that it is the duty of the State to take appropriate steps to curb corruption and seize 'benami' properties made by illegal means to give a strong message that the government is determined to fight against corruption and black money generation.

“Once the Aadhaar linkage happens, tax authorities can approach the 'legal owners' and it can be treated as benami property if the 'legal owners’ are unaware or denies knowledge of the ownership”, the plea stated.

Upadhyay in his plea also stated that if the government links property with Aadhaar, it will lead to an increment of 2 percent in annual growth. "It will clean out the electoral process, which is dominated by black money and benami transaction and thrives on a cycle of large black investments...use of political strength to amass private wealth, all with the disdain of the citizen. He claimed that benami transaction in high-denomination currency is used in illegal activities like terrorism, naxalism, separatism, gambling, money laundering, and bribing," the plea read.

"It also inflates the price of essential commodities as well as major assets like real estate and gold. These problems can be curbed up to great extent by linking movable-immovable properties with the owner's Aadhaar number”, the plea further stated.

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