Delhi High Court - Orders
Evangelical Mission Hospital ... vs Union Of India on 16 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~70 & 72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11342/2021, CM APPL. 34922/2021, CM APPL.
53559/2022
EVANGELICAL MISSION HOSPITAL
BAITALPUR ..... Petitioner
Through: Mr. Dhiraj Abraham Philip & Mr.
Febin Mathew Varghese, Advs. (M:
9899778389)
versus
UNION OF INDIA ..... Respondent
Through: Ms. Manisha Agrawal Narain,
CGSC with Mr Sandeep Singh
Somaria and Ms Rakshita Goyal,
Advs. (9818427971)
72 AND
+ W.P.(C) 11348/2021, CM APPL. 34932/2021, CM APPL.
53954/2022
EVANGELICAL MISSION HOSPITAL TILDA ..... Petitioner
Through: Mr. Dhiraj Abraham Philip & Mr.
Febin Mathew Varghese, Advs.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Satya Ranjan Swain (Senior
Panel Counsel -CG), Mr Anirudh
Shukla -GP & Mr Kautilya Birat,
Adv. (8860189238) for MHA
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 16.03.2023
1. This hearing has been done through hybrid mode.
2. In these matters, pursuant to the order dated 10th January, 2023, which in turn references order dated 29th August, 2022, the Court had Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:18.03.2023 12:02:22 granted liberty to the Petitioners to deposit the penalty amount, for the purpose of FCRA renewal of the Petitioners. The Respondents were directed to take a decision expeditiously in respect of renewal of the Petitioners' applications under the provisions of the Foreign Contribution (Regulation) Act, 2010 ('FCRA, 2010'). The directions issued vide order dated 10th January, 2023 are set out below:
"2. These are fresh applications for extension of time filed by the Respondents. Extension of time is sought by the Respondents to comply with the last order dated 14th December, 2022 passed by this Court and to take a decision in the matter.
3. Vide order dated 29th August, 2022, this Court had granted liberty to the Petitioners to deposit the penalty amount and the Respondents to take a decision expeditiously on the application for renewal filed by the Petitioners under the Foreign Contribution (Regulation) Act, 2010 (hereinafter, "FCRA, 2010").
4. It is submitted by ld. Counsel for the Respondents that under the provisions of FCRA, 2010, the decision on the renewal is to be taken within 3 months as per Section 16(1) of the FCRA, 2010.
5. In both these petitions, the Petitioners are stated to have deposited the said penalty amount on 22nd April, 2022 and 8th September, 2022 without prejudice to their rights and contentions. However, the decision yet to be taken by the Respondents.
6. Considering that the Petitioners' applications for renewal under the FCRA, 2010 had been filed in 2021 and penalty amount qua the same have been made by the Petitioner way back in April and September, 2022 substantial time has elapsed in the matter. Thus, it is directed that the Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:18.03.2023 12:02:22 decision on the Petitioners' renewal applications be taken by the Respondents by 6th March, 2023. The status report regarding the same shall also be placed on record by the Respondents."
3. A status report dated 14th March 2023 has been placed on record by Ms. Manish Aggawal, ld. CGSC, to the effect that the Ministry of Home Affairs (FCRA Wing) has granted renewal of the Petitioners' application for a period of 5 years. Relevant part of the status report is set out below:
"6. On 10.01.23, Respondent had filed CM Appl:
928/2023 for extension of time to comply the order dated 14.12.2022 passed by this Hon'ble Court and Hon'ble Court was pleased to dispose of the application with the direction to the respondent to take decision on the petitioner's renewal applications by 6th March 2023 and also directed to file status report regarding the same.
7. It is submitted that the petitioner has been granted renewal of registration vide this Ministry's order no.
03000886612021 dated 28.02.2023 and is valid for a period of five years with effect from 01.04.2023"...."
4. The renewal of the Petitioner's FCRA registration, which has been granted on 28th February, 2023, is also attached with the status report filed by Respondents.
5. In view thereof, nothing further survives in this matter and the writ petitions along with the applications filed are disposed of accordingly, taking on record the status report of filed by the Respondent. The same shall be scanned with the electronic record of the file.
PRATHIBA M. SINGH, J.
MARCH 16, 2023/dk/dn Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:18.03.2023 12:02:22