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High Court of DelhiW.P.(C)/14019/2018

Rajiv Gandhi Foundation And ORS. v. Union Of India And ANR.

2019-02-08Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~10,11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 14019/2018 & CM APPL. 54785-54786/2018 RAJIV GANDHI FOUNDATION AND ORS.

..... Petitioners Through Mr Prasanna, S., Advocate with Mr N.

Sai Vinod, Advocates.

versus UNION OF INDIA AND ANR.

..... Respondents Through Ms Monika Arora, Mr Harsh Ahuja, Advocate for R1/UOI.

AND 11.

+ W.P.(C) 13564/2018 & CM APPL. 52834/2018 RAJIV GANDHI CHARITABLE TRUST ..... Petitioner Through Mr Prasanna, S., Advocate with Mr N.

Sai Vinod, Advocates.

versus UNION OF INDIA & ANR ..... Respondents Through Mr Ripu Daman B Hardwaj, CGSC with Mr Yashpal Singh, Advocate for R1,2/UOI.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 08.02.2019 1.

The petitioners have filed the present petition, inter alia, impugning a notice dated 04.10.2017 requiring that all the associations registered under the Foreign Contribution (Regulation) Act, 2010 to be registered on a

platform managed by the NITI Aayog referred to as "NGO DARPAN". The petitioners' grievance stems from the fact that the principal functionaries of the petitioners are required to give their Aadhar no. (UID) for registering on the portal. The petitioners claim that the same cannot be made mandatory and any such requirement is without authority of law. 2.

The respondents have filed counter affidavit, inter alia, affirming that now it is no longer mandatory for associations, that are registered under the Foreign Contribution Regulations Act, 2010, to be registered on the said portal (NGO DARPAN) and the same is optional. In this view, the petitioners' grievance with regard to the compulsory registration on the said portal by giving the Aadhar number (UID) of their principal functionaries is redressed.

3.

A plain reading of the notification dated 15.01.2019 indicates that those NGOs which are receiving subsidies grants contribution for public may still require to be registered on the DARPAN Portal. In this regard, it is clarified that the question whether subsidies can be denied to any such organization is left open. All contentions of the parties in this regard are reserved.

4.

The petitions are disposed of with the aforesaid observations. All pending applications stand disposed of.

VIBHU BAKHRU, J FEBRUARY 08, 2019 pkv