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TMI Blog2022 (7) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... a direction to respondents to reconsider petitioner s declaration and pass order as it deemed fit but after offering an opportunity of a personal hearing to petitioner. The notice for personal hearing shall be given atleast 7 days in advance. The order shall be a reasoned order, if respondents are not willing to accept petitioner s explanation. Petition disposed off. - WRIT PETITION NO. 2835 OF 2022 - - - Dated:- 18-7-2022 - K. R. SHRIRAM AND MILIND N. JADHAV, JJ. Mr. Siddha Pamecha a/w. Mr. Raj Dani for Petitioner Mr. Ram Ochani a/w. Mr. Karan Adik for Respondents ORDER P.C . : 1. One of the grievance raised by petitioner against rejection of the declaration filed by petitioner under the Sabka Vishwas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus, while deciding eligibility, the designated committee is required to consider all relevant materials and also hear the concerned declarant. 20. Having held so, let us deal with the contention of the petitioner that before a declaration is rejected, an opportunity of hearing should be granted to the declarant. Though we do not find any such express provision in the scheme laying down requirement of hearing before rejection of the declaration, we find from section 127 more particularly under sub-sections (3) and (4) thereof that if the designated committee upon verification, determines the amount payable by the declarant to be higher than what is declared by the declarant, then an opportunity of hearing should be granted to a declaran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount estimated by the Designated Committee is in excess of the amount declared by the declarant an opportunity of hearing is required to be given by the Designated Committee to the declarant, then it would be in complete defiance of logic and contrary to the very object of the scheme to outrightly reject an application (declaration) on the ground of being ineligible without giving a chance to the declarant to explain as to why his application (declaration) should be accepted and relief under the scheme should be extended to him. Summary rejection of an application without affording any opportunity of hearing to the declarant would be in violation of the principles of natural justice. Rejection of application (declaration) will lead to adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we find that impugned rejection of the declaration of the petitioner is in violation of the principles of natural justice which has impacted the decision making process thus rendering the decision invalid, it may not be necessary for us to enter into the merits of the challenge as to whether the declaration of the petitioner was in fact valid or not under the category of 'voluntary disclosure'. This is a matter which should be best left to the designated committee to decide after granting opportunity of hearing to the petitioner. 23. Consequently we set aside the order dated 21.01.2020 and direct the designated committee to decide afresh the declaration of the petitioner dated 25.12.2019 in terms of the scheme under the category ..... X X X X Extracts X X X X X X X X Extracts X X X X
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