UNION OF INDIA & ANR Vs. AMLEEK RATAN

JUDGEMENT

(1.) The sentiment of Non-Resident Indians (hereinafter, "NRIs") to be tied to their country is the fulcrum of this dispute. The present appeal is part of a batch of 26 appeals arising from the same scheme for allotment of lands which was advertised by the Government. All the legal issues are being determined and decided in the lead matter RFA 765/2015 Union of India v. G. Singh (hereinafter, "G.Singh"). On facts, separate orders have been passed in each of the appeals.

(2.) On 6th February, 1978, the Government of India launched a scheme for "Allotment of land in Delhi to Non-Resident Indians" (hereinafter, "the scheme") living abroad to build residential house in Delhi. The scheme was launched by the Ministry of Works and Housing, L & DO. As per the prospectus and the application form the objective of the scheme was as under:

(3.) Several NRIs applied under the above Scheme for allotment of plots. After applications were made, earnest money was paid and the agreement for lease was duly signed by them and submitted to the Government. Thereafter, a decision was taken to revoke the Scheme and cancel the Scheme itself. This led to the filing of writ petitions challenging the said cancellation by the Government. The cancellation came to be upheld in two judgments of the Delhi High Court in W.P.(C) 2372/1981 titled as R. K. Deka & Ors. v. Union Of India & Anr and R. K. Deka v. Union of India, (1992) AIR Delhi 5 The Supreme Court also did not interfere with the findings of the Delhi High Court.