The Court conceded a 35-day delay in filing this Letters Patent Appeal under Section 5 of the Limitation Act, allowing the challenge to a Delhi High Court order dismissing an RTI suit related to National Green Tribunal documents.
Condonation of 35-day delay allowed; appeal on merits dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Date of decision:7th February, 2020
VED PRAKASH AGGARWAL ..... Appellant Through: Appellant in person
versus
MINISTRY OF ENVIRONMENT, FOREST & CLIMATE CHANGE , UNION OF INDIA & ORS
CHANGE , UNION OF INDIA & ORS ..... Respondents Through: Ms. Monika Arora, CGSC with Mr. Harsh Ahuja and Mr. Kushal Kumar, Advs. for UOI
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R % 07.02.2020
D.N. PATEL, CHIEF JUSTICE (ORAL) CM Appl. No.4948/2020 (exemption)
Allowed, subject to all just exceptions. Application is disposed of. CM Appl. No. 4949/2020 (condonation of delay)
This application has been preferred under Section 5 of the Limitation Act for condonation of delay of 35 days in preferring the Letters Patent Appeal.
Having heard counsel for both the sides and looking to the reasons stated in this application, there are reasonable reasons for condonation of delay. We, therefore, condone the delay in preferring the Letters Patent Appeal. This application is allowed and disposed of.
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LPA 74/2020
LPA No. 74/2020
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under Section 19(1) of the Right to Information Act, 2005 was preferred by this appellant being FAA No.19/2018/1582 which was dismissed vide order dated 13th August, 2018.
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(iii) pass any such order or directions as this Hon'ble court may in the facts and circumstances of the present case deem fit and proper in favour of the appellant and against the respondent.”
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from its official website. Thus, information is already available to the public at large including this appellant. Moreover, if this appellant is in search of certified copies of aforesaid orders passed by the National Green Tribunal in OA No. 177/2013 and MA no. 640/2013, the appellant can always apply for the certified copies before the National Green Tribunal in a proscribed manner with payment of necessary fee. These aspects of the matter have been properly appreciated by the learned Single Judge while deciding WP(C) No. 7057/2019 vide judgment and order dated 19th November, 2019 and we see no reason to take another view than what has been taken by the learned Single Judge. Hence, on merit also, we see no reason to entertain this Letters Patent Appeal.
CHIEF JUSTICE
C.HARI SHANKAR, J.
FEBRUARY 07, 2020 r.bararia
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3 issues framed by the court
Whether the delay of 35 days in filing the Letters Patent Appeal should be condoned.
Whether the learned Single Judge's dismissal of the writ petition regarding RTI information should be interfered with.
Whether the Central Information Commission's warning to the respondent affects the maintainability of this appeal.
3 provisions across 2 enactments
Ved Prakash Aggarwal
Ministry of Environment, Forest & Climate Change, Union of India & Ors.
C. Hari Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
