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2018 Supreme(Del) 1453

PRATHIBA M.SINGH
UNION OF INDIA – Appellant
Versus
G. SINGH – Respondent


Advocate Appeared:
For the Appellant :Mr. Sanjiv Kumar Saxena and Mr. R. Mishra, Mr. M.K. Tiwari Advocates
For the Respondent:Mr. Amit Singh Chadha, Mr. Kunal Sinha Advocate.

JUDGMENT :

Prathiba M. Singh, J.

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 the lead matter in 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 present appeal. 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 :

“Objectives

This scheme is intended to facilitate Non-Resident Indians living abroad to build residential houses in India and thus to satisfy their natural urge to own property in their own country and to settle down therein whenever they wish to do so. As it is difficult for such persons living abroad to acquire properties through Government auctions or private dealers, it has been dec




























































































































































































































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