$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24^th January, 2025 + W.P.(CRL) 960/2023 & CRL.M.A. 2053/2025 PORTER BUILDCON PRIVATE LTD & ORS. .....Petitioners Through: Mr. Rajiv Nayar, Sr. Adv with Mr.

Anirudh Bakhru, Mr. Saurabh Seth, Mr. Prabhav Bahuguna, Mr. Sajal Bansal, Mr. Surya Pratap Singh, Advs.

versus UNION OF INDIA & ORS. .....Respondents Through: Mr Rakesh Kumar CGSC with Mr.

Sunil & Mr. Prashant Rawat, Advs.

Mr. Sanjay Kumar, Ms. Easha Kadiyan & Mr. Sandesh K Jha, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. This writ petition has been filed under Article 226 of the Constitution of India by the following 21 Petitioners-

a) Porter Buildcon Private Ltd., Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

b) Rachaita Buildcon Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

Signature Not Verified Digitally Signed By:PRAMOD W.P.(CRL) 960/2023 Page 1 of 11 c) Zentrum Buildwell Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

d) Ellora Buildtech Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

e) Kritunairu Builders and Developers Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

f) Seven Heaven Infrabuild Private Limited Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

g) Visit India Voyages Private Ltd, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

h) Alesh Information Technology Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

i) Solestar Infrastructure Private Limited Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

j) Vedna Trading Private Limited, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

k) One Point Associates, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

l) Delight Business Solutions, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

m)Awesome Builders, Registered address 30, Ground Floor, Vijay Signature Not Verified Digitally Signed By:PRAMOD W.P.(CRL) 960/2023 Page 2 of 11 Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

n) Sparkling Enterprises, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

o) Genius Associates, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

p) Bubbles Infrastructure, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

q) Powervision Properties, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

r) Redwind Enterprises, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

s) Red Carpet Properties, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi;

t) Matrix Estates, Registered address 30, Ground Floor, Vijay Block, Behind Nathu Sweets, Laxmi Nagar, Delhi; and u) Pranjil Batra, S/o Madan Mohan Batra, aged about 38, R/o F-193, First Floor, Mangal Bazar, Laxmi Nagar, New Delhi – 110092.

3. The above Petitioners have filed this writ petition praying for reading down of Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 (hereinafter “the Act”) and inter alia challenging the constitutional validity of Section 2(9) (A) to (D) of the Act. Some of the other reliefs sought include quashing of the show cause notices issued to them under Section 24(1) and 24(2) of the Act as also the provisional attachment made under Section

24(3) of the Act pursuant to the said no