Judgment

HIDAYATULLAH, C.J.I. (on behalf of himself and V. Ramaswami, G.K. Mitter and A.N. Grover, JJ.):- These are five writ petitions under Article 32 of the Constitution and three appeals against the decisions of the High Courts of Gujarat and Delhi. The writ petitions have been filed by Mr. Manikant Tiwari (W. P. No. 109/68), Mr. Shiv Kumar Sharma (W. P. No. 234/68), Mr. Madhu Limaye (W. P. No. 402/68), Mr. Gulabsanker Amritlal Dholakia (W. P. No. 403/68) and Mr. Node Sadi Rau (W. P. No. 409/68). The appeals from the Delhi High Courts common judgment, 14 May, 1968 on certificate are by Mr. Shiv Kumar Sharma (C. A. No. 2118/68) and Major Ranjit Singh(C. A. No. 1900/68) and the appeal from the decision of the Gujarat High Court is in a writ petition filed by Mr. Maganbhai Ishwarbhai Patel (C. A. No. 1528/68). The Gujarat High Court on 18 March, 1968, dismissed the petition summarily and the appeal is by special leave of this Court. This judgment will dispose of all of them.

2. The several petitioners seek a writ of mandamus or any other appropriate writ or order or direction under Art. 32 of the Constitution to restrain the Government of India from ceding without the approval of Parliament the areas in the Rann of Kutch known as Kanjarkot, Chhadbet, Dharabanni, Priol Valo Kun and two inlets on either side of Tharparkar to Pakistan as awarded to it in the award, 19 February, 1968, of the Indo-Pakistan Western Boundary Case Tribunal. Mr. I. N. Shroff (C. A. No. 1528/ 68), Mr. A. S. Bobde C. A. No. 1900/ 68) and Mr. C. B. Agarwal (W. P. No. 403/68) represented three such petitioners. Mr. Shiv Kumar Sharma, Mr. Madhu Limaye and Mr. Manikant Tiwari argued their own matters. The Union of India was represented by Mr. C. K. Daphtary, former Attorney-General of India, who had also conducted the case for India before the Tribunal.

3. The Indian Independence Act of July 18, 1947 (an Act of the British Parliament), created from August 15, 1947 two dominions known as India and Pakistan. By the same statute the paramountcy of the British crown over the States of Kutch, Santalpur, Tharad, Suigam, Wav and Jodhpur lapsed and they soon acceded to and merged with India. The former British Indian Province of Sind was included in Pakistan while the Presidency of Bombay was part of India. Between these two lies the Great Rann of Kutch, Sind abutting on the North and West and the Indian mainland on the South and East.

4. The Rann is a vast expanse of water and desert. For part of the year even the desert is covered by water. At other times it is either soft mud or land with grass. No one ordinarily lives in that area in which the onagers roam at large.

5. It appears that from July 1948 Diplomatic Notes were exchanged between the two Governments with regard to the boundary between the areas known as Guajarat and West Pakistan. The difference led to open hostilities in April 1965. On June 30, 1965 the two Governments reached an agreement which read:

"Constitution of the Tribunal, Proceedings:

On 30 June, 1965, the Government of India and the Government of Pakistan concluded an Agreement, reacting as follows:-

Whereas both the Governments of India and Pakistan have agreed to a cease-fire and to restoration of the status quo as at it January, 1965, in the area of the Gujarat-West Pakistan border, in the confidence that this will also contribute to a reduction of the present tension along the entire Indo-Pakistan border;

Whereas it is necessary that after the status quo has been established in the aforesaid Gujarat-West Pakistan border area, arrangements should be made for determination and demarcation of the border in that area;

Now, therefore, the two Government agree that the following action shall be taken in regard to the said area:

Article 1:

There shall be an immediate cease-fire with effect from 0030 hours GMT on 1st July, 1965.

Article 2:

On the cease-fire:

(i) All troops on both sides will immediately begin to withdraw;

(ii) This process will be completed