Sabka Vishwas scheme rejection set aside where circulars were not considered and no hearing was given before fresh review.

Rejection of a declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 was considered improper where the relevant circulars dated 25.09.2019 and 29.10.2019 had not been examined and no hearing was afforded. The matter required fresh examination by the Designated Committee, with an opportunity of hearing before any renewed decision. The rejection communication was set aside and the declaration remitted for reconsideration.

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Issues: Whether the rejection of the declaration filed under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 warranted interference and fresh consideration in the light of the relevant circulars and the absence of a hearing.

Analysis: The declaration was rejected without any indication that the effect of the circulars dated 25.09.2019 and 29.10.2019 had been considered. In these circumstances, and having regard to the facts of the case, the matter required a fresh examination by the Designated Committee. The petitioner was also to be afforded an opportunity of hearing before a fresh decision was taken.

Conclusion: The rejection communication was set aside and the matter was remitted to the Designated Committee for reexamination after hearing the petitioner.

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