Delhi High Court Urges Government to Consider Linking Property Documents with Aadhaar

The Delhi High Court has urged the Central government to consider a petition requesting the linking of both immovable and movable property documents of citizens with their Aadhaar numbers. The objective is to combat corruption and benami transactions. The court has treated this plea as a representation and has given the government three months to make a decision.

The petitioner, advocate Ashwini Upadhyay, contends that it is the responsibility of the State to take necessary measures to combat corruption and seize ‘benami’ properties acquired through illegal means.

In response to the plea, a division bench comprising Justice Rajiv Shakdher and Justice Girish Kathpalia expressed reservations, stating that such matters are policy decisions, and the court may not have a complete understanding of the relevant data. The court emphasized that corruption exists in various areas, and it cannot issue a mandamus. The bench suggested that the government should treat the plea as a representation and decide on it.

The court also questioned how linking Aadhaar cards would curb corruption. Upadhyay argued that the process would reduce benami transactions and benefit the public exchequer.

While acknowledging the existence of corruption, the bench highlighted the need for empirical evidence and suggested that the government conduct a study on the cost and feasibility of linking Aadhaar to property documents.

The bench decided to treat the petition as a representation and instructed that it be placed before the relevant authority. If necessary, the court would seek Upadhyay’s assistance and issue directions within three months. The bench stated that it would pass an order while disposing of the plea.

The petitioner asserts that linking Aadhaar with both movable and immovable properties would address issues related to benami transactions, including terrorism, naxalism, smuggling, and money laundering. The plea contends that such a linkage would contribute to a two percent increase in annual growth, cleanse the electoral process of black money and benami transactions, and prevent the accumulation of private wealth through political influence, all to the detriment of the citizen.

Shruti Suman

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