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2010 Supreme(Kar) 150

AJIT J.GUNJAL
Bangalore International Airport Limited & represented by its Head-Legal & Company Secretary, Bangalore – Appellant
Versus
Karnataka Information Commission, Represented by its Authorised Representative – Respondent


Advocates appeared:
For the Petitioner:Sajan Poovayya, for Poovayya & Co. Advocates. For the Respondent:R2, Clifton D’Rozario, Advocate for B.N. Jagadeesh, R1, Narendra Prasad, HCGP, P.S. Manjunath Advocates.

Judgment :-

(This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the order passed by the R1 dated 18.08.2008 passed in KIC 1286 COM 2007 as per Annexure-E and further be please to declare that the petition is not a ‘Public authority’ as defined under Section 2(h) of the RTI Act.)

The petitioner is questioning the order passed by the first respondent on 18th August 2008, copy of which is produced at Annexure –E and is seeking a further declaration that the petitioner is not a public authority as defined under Section 2(h) of the Right to Information Act (for short ‘the RTI Act).

2. The facts leading to initiation of these proceedings can be summarized as follows:

The petitioner i.e., Bangalore International Airport Limited (for short ‘BIAL’) is a company incorporated under the provisions of the Companies Act. The specific case of the petitioner is that it is not a Government Company as defined under Section 617 of the Companies Act, 1956. A Shareholders Agreement (SHA) dated 23.01.2002 was entered into between the Karnataka state Industrial Investment and Development Corporation Limited (KSIIDC), Airport Authority of India (AAI), S















































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