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2012 Supreme(Del) 1875

RAJIV SAHAI ENDLAW, A.K.SIKRI
DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE – Appellant
Versus
MOHINDER SINGH MATHARU – Respondent


Advocates Appeared:
Mr. K.T.S. Tulsi, Sr. Advocate along with Mr. Raj Kamal and Mr. Gaurang Vardhan, Advocates.
Mr. Gurbaksh Singh along with Ms. Richa, Advocates.

JUDGMENT

RAJIV SAHAI ENDLAW, A.K. SIKRI

1. The appellant in both these appeals, is the Delhi Sigh Gurudwara Management Committee, which is held to be a “public authority” within the meaning of Section 2(h) of the Right to Information Act, 2005 (hereinafter referred to as the “RTI Act”) by the learned Single Judge vide impugned judgment dated 22.7.2010, which is a common judgment in both the cases. Section 2(h) of the RTI Act reads as under:

“2(h) “public authority” means any authority or body or institution of self-government established or constituted, -

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any-

(i) body owned, controlled or substantially financed;

(ii) Non-Government Organization substantially financed, directly or indirectly by funds provided by the appropriate Government.”

2. Though Section is published in the Bare Act in the aforesaid manner, there is little difference in the publication in Official Gazette as far as its placement of the provision is concerned. Since it has significant bearing on the interpre
































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