NARENDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners who are citizens of United States of America and presently residing at Nagpur, have challenged the action of the respondent No. 1 in cancelling their "Person of Indian Origin Card" [hereinafter referred to as P.I.O. Card for the sake of brevity.] The petitioners have also sought some ancillary reliefs.

(2.) The petitioner No. 1 was born in Nagpur district of Maharashtra and was shifted to United States of America in 1979. The petitioners were granted citizenship by the United States of America in the year 1990. In December, 2004 the petitioners returned to India with Transfer of Residence Permit. Before returning to India on 16-9-2004 the petitioners had acquired P.I.O. Cards. The residential permit was also issued in favour of the petitioners in November, 2005.

(3.) With a view to permanently settle in India, the petitioners sold 15 and 6 acres of irrigated lands belonging to the petitioner No. 1 and in June, 2008 applied under the Foreign Exchange Management Act for permission to purchase agricultural land in Nagpur district. It was informed by the Reserve Bank of India to the petitioners that the residents of India were not required to obtain such permission under the Foreign Exchange Management Act. Hence, the petitioners purchased 2.12 hectares of agricultural land situated at Mouja Sangam of Nagpur district. The petitioners were shocked to receive a show cause notice issued to the petitioners on 6-11-2008 by the respondent No. 1 asking them to show cause as to why their P.I.O. Cards should not be cancelled for violation of P.I.O. Card Scheme of 2002. According to the respondent No. 1 the petitioners had purchased / acquired 2 acres of agricultural property in India in clear violation of the P.I.O. Card Scheme 2002. The petitioners furnished their reply to the show cause notice stating therein that they believed that there was no contravention of the P.I.O. Card Scheme of 2002. The petitioners asked the respondent No. 1 to drop the proceedings which were sought to be initiated in pursuance of the show cause notice. However, the respondent No. 1 by the impugned order dated 23-1-2009 cancelled the P.I.O. Cards of the petitioners and directed them to surrender the P.I.O. Card to the D.C.P./ F.R.O. Nagpur.