Delhi HC in the case of Bhawna Malhotra Versus Union of India

Case Covered:

Bhawna Malhotra

Versus

Union of India

Facts of the Case:

The present writ petition has been filed challenging the order dated 21st August 2020 passed by respondent no.2 pursuant to this Court’s order dated 5th August 2020 in W.P (C) 4912/2020. Petitioner prays for reading down Section 128 of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (for short “SVLDRS‟) in the interest of justice and equity and to hold that any clerical or arithmetical error made by an applicant in SVLDRS-1 also falls within the ambit of said Section. The petitioner further prays for a direction to the respondent Committee to allow it to rectify the declaration dated 30th December 2019 and consider it as one filed under the “litigation‟ category instead of the ‘voluntary disclosure‟ category and grant consequential benefits.

Observations of the Court:

In view of the aforesaid facts, this Court is of the opinion that the petitioner‟s mistake is not only a procedural/clerical error that is apparent on the face of the record but is also of an inadvertent nature not deliberately made to claim an undue benefit which the party was otherwise not entitled.

SECTION 128 DOES NOT STATE THAT AN ERROR/MISTAKE APPARENT ON THE FACE OF THE RECORD THAT CAN BE RECTIFIED HAS TO BE COMMITTED BY THE DESIGNATED COMMITTEE ONLY. IF THE NARROW APPROACH ADOPTED BY THE RESPONDENT NO.2 IS ACCEPTED, IT WOULD DEFEAT THE VERY PURPOSE OF SVLDRS.

The Decision of the Court:

Keeping in view the aforesaid, the impugned order is set aside and the respondent No.2 is directed to rectify the declaration dated 30th December 2019 and consider it as one filed under the “litigation‟ category instead of „voluntary disclosure‟ and process the same in accordance with law within four weeks.

With the aforesaid direction, the present writ petition stands disposed of.

The order is uploaded on the website forthwith. Copy of the order is also forwarded to the learned counsel through e-mail.

Read & Download the full Decision in pdf: