Friday, September 7, 2012

RE: [HumJanenge] High Court status w.r.t. Delhi Airport

Thanks Mr. Gulati. Your reply is very helpful. I can now decide if I need to intervene in the case too.

 

Rakesh

 

From: atul gulati [mailto:atulgulatir@gmail.com]
Sent: 07 September 2012 20:50
To: rakesh@nyayabhoomi.org
Subject: Fwd: [HumJanenge] High Court status w.r.t. Delhi Airport

 

 

---------- Forwarded message ----------
From: atul gulati <atulgulatir@gmail.com>
Date: Fri, Sep 7, 2012 at 8:47 PM
Subject: Re: [HumJanenge] High Court status w.r.t. Delhi Airport
To: humjanenge@googlegroups.com


Dear Sir,

 

I have done the research on your query and found the status of DIAL, whether a Public Authority or not? I believe the latest order of Delhi High Court would answer all your queries. The Question whether DIAL Public Authority or not, is still subject matter of following case and subjudice : 

 

 

  

   IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
  
  W.P.(C) 3816/2011 and C.M. No. 7958/2011 (for stay)
  
  
  
  DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED..... Petitioner
  
  Through: Mr. Atul Sharma and Mr. Milanka Chaudhury, Advocates.
  
  
versus
  
  
  
  UNION OF INDIA and OTHERS ..... Respondent
  
  Through: Mr. Sunil Kumar, Advocate for the applicant/Sh. Brijesh
  Kumar.
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE VIPIN SANGHI
  
  
  
   O R D E R
  
   18.05.2012
  
  
  
  C.M. No. 16891/2011
  
  By this application, the applicant/Sh. Brijesh Kumar seeks
  impleadment as party respondent in the present writ petition.
  
  The case of the applicant is that he moved an application under the
  Right to Information Act (RTI Act) before the Airports Authority of India
  (AAI). It appears that the said application was forwarded by AAI to the
  petitioner/Delhi International Airport Private Ltd. (DIAL) for answering
  the query. The petitioner has responded to the application on 08.08.2011
  taking the stand that it is not a public authority under the RTI Act. It
  was also informed to the applicant that the issue ? whether the
  petitioner is a public authority, or not, is pending adjudication before
  this Court in the present writ petition, wherein the Court had passed an
  interim stay order against the order of the CIC, whereby the CIC has held
  the petitioner to be a public authority. It is in this background that
  the applicant wishes to get impleaded as a party respondent to contest
  the petition.
  
  Learned counsel for the petitioner submits that the respondent?s
  RTI application is now pending consideration in second appeal before the
  CIC. He submits that the petitioner is not a party in those appellate
  proceedings.
  
  I am inclined to allow this application as the petitioner itself
  has warded of the queries raised by the applicant, which have been
  forwarded to it by AAI, by claiming that it is not a public authority.
  So far as CIC is concerned, the issue ? whether the petitioner is a
  public authority, or not, already stands concluded against the
  petitioner. The decision in the present case is bound to affect the
  rights of the applicant to seek information under the Act from the
  petitioner.
  
  In the light of the aforesaid position, the application is allowed.
  
  W.P.(C) 3816/2011 and C.M. No. 7958/2011 (for stay)
  
  Let the amended memo of parties be filed within two weeks and
  complete paper book be provided to learned counsel for the newly added
  
  respondent within the same period. Counter-affidavit, if any, be filed by the newly added respondent within six weeks thereafter. Rejoinder
  thereto, if any, be filed before the next date.
  
  Adjourned to 19.10.2012.
  
  VIPIN SANGHI, J
  
  MAY 18, 2012/?BSR?

 

Regards

Atul Gulati

9811145682

On Thu, Sep 6, 2012 at 5:32 AM, Rakesh Agarwal <rakesh@nyayabhoomi.org> wrote:

Would anyone know the fate of attempt to bring Delhi International Airport Limited under the RTI Act? Limited information available online is outdated and does not speak of current status of the case in Delhi High Court. Search on the court’s website hasn’t helped either.

 

Rakesh Agarwal

 

 

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