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* IN THE HIGH COURT OF DELHI AT NEW DELHI
DR HILALUDDIN ..... Petitioner Through Mr. Sulaiman Mohd. Khan and Ms. Taiba Khan, Advocates.
versus
THE DIRECTOR GENERAL, INDIAN COUNCIL OF FORESTRY RESEARCH AND EDUCATION ..... Respondent Through Mr. Rajat Katyal, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R % 23.02.2016
Having heard learned counsel for the petitioner and the
respondent, we are inclined to direct that it will be open to the petitioner to contend before the Tribunal that file notings in the file
of “Developing database on forest biodiversity including biodiversity in the forest fringe areas of Delhi” are required and necessary for a just and fair decision of the original application, which is pending adjudication. It will be also open to the respondent to contend that the said file is not required.
If any such dispute or lis arises, the Tribunal will examine
the same and may pass an appropriate order.
Mere fact that the petitioner had filed an application under
the Right to Information Act, 2005, and an appeal is pending consideration before the first appellate authority, would not be a
relevant consideration.
The writ petition is accordingly disposed of.
Dasti.
SANJIV KHANNA, J.
NAJMI WAZIRI, J.
FEBRUARY 23, 2016 NA
3 issues framed by the court
Whether an appeal pending before the first appellate authority under the Right to Information Act, 2005 prevents the Tribunal from examining the necessity of certain file notings.
Whether the Tribunal can direct that it is open to both parties to contend before it regarding the necessity of a specific file for a pending application.
How the High Court should dispose of this writ petition given the procedural history.
1 provisions across 1 enactments
DR HILALUDDIN
THE DIRECTOR GENERAL, INDIAN COUNCIL OF FORESTRY RESEARCH AND EDUCATION
SANJIV KHANNA
NAJMI WAZIRI
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
