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1968 Supreme(Del) 65

S.N.ANDLEY, S.K.KAPUR
SHIV KUMAR SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.N.SEN, C.K.DAFTARY, N.A.PALKHIWALA, Prakash Narain

S. K. KAPUR

( 1 ) THIS judgment will dispose of Civil Writ Petitions Nos. 294 of 1968, 330 of 1968 and 343 of 1968. The principal attack in these writ petitions is against the implementation of the Award dated l9th February, 1968. of the Indo-Pakistan Western Boundary Case Tribunal constituted pursuant to the agreement dated 30th June. 1965. between the Government of India and the Government of Pakistan. The award will, for brevity. be hereafter referred to as the "kutch Award. "

( 2 ) THE dispute between the two Governments was regarding the Gujarat West Pakistan border and by agreement dated 30th June. 1965. the two Governments agreed inter alia that

(1) Ministers of the two Governments will meet in order to agree on the determination of the border in the light of their respective claims and the arrangements for its demarcation;

(2) in the event of no agreement between the Ministers of the two Govern- ments on the determination of the border being reached within two months of the cease-fire, (1-7-65), the two Governments shall, as contemplated in the joint Communique of October 24, 1959, have recourse to the Tribunal (to be constituted in the manner provided in (3) hereafter) for det





























































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