← Library
High Court of DelhiW.P.(C)/6708/2024

New India Development Society v. Union Of India

2024-05-10Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6708/2024 NEW INDIA DEVELOPMENT SOCIETY ..... Petitioner Through:

Mr. Abishek and Ms. A. Reyna Shruti, Advocates.

versus UNION OF INDIA ..... Respondent Through:

Mr. Nishant Gautam, SPC with Mr.

Amit Acharya, GP and Ms. Sanjana Mehrotra, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.05.2024 1.

The Petitioner has approached this Court challenging the Order dated 01.05.2024 rejecting the renewal application of the Petitioner primarily under Section 12(2) of the Foreign Contribution (Regulation) Act, 2010 (FCRA) on the ground of concealment of facts. 2.

Section 12(2) of the FCRA does not provide that an application can be rejected on the basis of concealment of facts. It specifies that the application can only be rejected if it is not in the prescribed form or does not contain any of the particulars specified in the form. 3.

The Petitioner has also given a representation against the rejection Order on 10.02.2024 and has received a response from the Respondents stating that it is under process. It is stated that a second response also came The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 20:03:35

from the Respondents stating that the ticket is closed. 4.

Section 32 of the FCRA provides a remedy of revision to the Petitioner to approach the Central Government against an Order passed under Section 16. As and when such a remedy is availed of by the Petitioner, the Central Government is directed to provide the correct reasons as to whether rejection of the application is on the basis of concealment of facts or for furnishing incomplete particulars within a period of two weeks from today to enable the Petitioner to take appropriate remedies in accordance with law.

5.

With these observations, the writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J MAY 10, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 20:03:35