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2017 Supreme(Del) 4835

VIBHU BAKHRU
Indian Potash Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Manish Kaushik, Advocate.
For the Respondents:Mr. Vikas Mahajan, Mr. Shyam Sundar Rai, Advocate for UOI.

ORDER :

VIBHU BAKHRU, J.

1. The petitioners have filed the present petition, inter alia, impugning the order dated 09.07.2015 (hereafter ‘the impugned order’) passed by the Central Information Commission (hereafter ‘CIC’), whereby the CIC has held the petitioner no.1 (hereafter ‘the petitioner’) to be a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 (hereafter ‘the RTI Act’).

2. Respondent nos.2 & 3 had filed applications dated 23.12.2010 and 28.05.2013 under the RTI Act seeking certain information from the petitioner. Respondent no. 2 had sought the landed cost of Muriate of Potash (MoP) imported by the petitioner during the period 01.03.2009 to 31.10.2010 and respondent no. 3 had sought information as to the quantity of MoP purchased by two specified concerns from the petitioner during the period December 2006 to March 2009. The petitioner declined to give the information as sought for by the said respondents on the ground that the petitioner was not a ‘public authority’ under Section 2(h) of the RTI Act.

3. The only question to be addressed in the present petition is whether the petitioner is a ‘public authority’ as defined under Section 2(










































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