B. J. DIVAN, N. H. BHATT, J.

( 1 ) ). In this case the petitioners challenge the validity of a notification issued by the Government of Gujarat under sec. 7 of the Commissions of Inquiry Act 1952 (herein-after referred to as the Act) discontinuing the Commission which the State Government had appointed on 9/09/1979 under sec. 3 of the Act.

( 2 ) IT may be pointed out that the notification under sec. 7 was issued on 17/03/1981 but the petition was filed on the same day earlier on 17/03/1981. The petition was filed on the basis that the Government was about to issue the said notification under sec. 7 and in the petition as originally framed the prayer was to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ direction or order permanently restraining the respondents their agents and servants from winding up or obstructing or interfering with the proceedings of the Commission. Prayer (B) was to quash and declare the notification or order if issued regarding winding up of the Commission. Prayer (C) was for interim relief pending admission. Prayer (CC) and prayers (CCC) and (CCCC) were all for interim relief. Prayer (E) is the usual prayer seeking other and further reliefs as the nature of the case may require.

( 3 ) THE first petitioner is the Consumer Education and Research Centre (hereinafter referred for brevity sake as C. E. R. C. ). It is a public trust registered udder the Bombay Public Trusts Act 1950 The second petitioner is the executive trustee of the C. E. R. C. and the third petitioner is the joint executive trustee of the C. E. R. C. and the fourth petitioner is also one of the trustees of the first petitioner centre. The first respondent is the State of Gujarat. The Second respondent is the Machhu II Dam Inquiry Commission set up by the State Government on September 10 1979 under sec. 3 of the Act. Respondents 3 4 5 and 7 are some of the farmers and cultivators in the vicinity of Morvi Town and they are supporting the action of the Government in discontinuing the Commission by issuing the impugned notification under sec. 7 of the Act. Names of Respondents No. 6 and 8 have been deleted. Respondents 9 and 10 are the Morvi Chamber of Commerce and Morvi Bar Association who have been joined as party-respondents on their application and respondents 9 and 10 are supporting the case of petitioners. It may be pointed out that the C. E. R. C. has filed this petition as a public interest litigation as it has now come to be known and it seeks to vindicate the rights of the ordinary citizens and as a protection to the general public of Morvi etc.

( 4 ) THE broad facts leading to this special civil application are as follows : On 11/08/1979 an unprecedented tragedy occurred in Rajkot District of the State when Machhu Dam-II near Morvi collapsed at least so far as the portion of the earthen dam was concerned and the consequential flood after the dam burst resulted in a huge loss of human. life and property. The dam burst at about 14. 00 hours on 11/08/1979 and even according to official estimates more than 1800 human lives were lost and damage to property of different individuals and different organisations came to rupees one hundred crores approximately. The Government learnt about the disaster at about 12. 00 noon on 12/08/1979 and it came to its knowledge as a result of a telegram received by the Government from the Superintendnig Engineer Rajkot Irrigation Project. On 13/08/1979 press reports about the disaster were published. On 14/08/1979 there was a demand by the then Leader of the Opposition in the State Legislative Assembly Mr. Madhavsinh Solanki who at present is the Chief Minister of the State of Gujarat since 19/06/1980 The demand was for an independent judicial inquiry at the level of a High Court Judge to find out the true causes and facts about the disaster and to prevent such calamities in future. According to the statement issued by then Leader of the Opposition it was a man-m

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