D. M. DHARMADHIKARI, J.

( 1 ) THIS is a public interest litigation filed by a Co-operative Society of agriculturists, belonging to Scheduled Castes and tribes of Gujarat and registered under the Gujarat Co-operative Societies Act, whereby the decision taken by the Gujarat Government, contained in the impugned Circular dated 7-8-1986, sent to the Collectors of Various Districts of Gujarat to reserve all surplus lands vesting in the Government under the gujarat Agricultural Lands Ceiling Act, 1960 for distribution to land-oustees of Madhya Pradesh and Maharashtra as a result of submergence of their lands under Narmada Water Reservoir Project, has been challenged.

( 2 ) TO appreciate the nature of challenge made by the petitioner-Co-operative society of Scheduled Tribes and Scheduled Castes, it is necessary to reproduce the contents of the impugned Circular, which, upon its translation into English, reads as under :"no. ICH/1078/2239-Chh. Dated 7-8-1986. To, collector, bhavnagar, Rajkot, Ahmedabad, Mehsana, Banaskantha, Kuchchh, Kheda. Sub :- Gujarat Agricultural Lands Ceiling Act, 1960. Allotment of surplus lands to rehabilitate agriculturists affected by Narmada Water Reservoir Project : on the above subject (you are) informed that (Government) has decided to allot lands declared surplus under the Gujarat Agricultural Lands Ceiling act, 1960 to agriculturists of Madhya Pradesh and Maharashtra whose lands have been submerged because of implementation of Narmada Water Reservoir project. Earlier under Government letter of even number dated 13-4-1977, it was decided to reserve such lands of Vadodara, Bharuch, Surat, Panchmahals and Surendranagar Districts for this purpose. In continuation of that (letter) it is also decided to reserve lands of Bhavnagar, Rajkot, Ahmedabad, Mehsana, banaskantha, Kuchchh and Kheda District (Undersigned is) directed to instruct you not to allot on permanent basis whatever lands that be declared as surplus lands in your district under the above said Act, till orders for disposal of such lands are issued hereafter by Government. (You are) also requested to communicate this (instructions) to all the concerned officers immediately. . . "

( 3 ) THIS petition was filed in the year 1986 when the above impugned circular came to be issued.

( 4 ) THE State Government, through its Revenue Department, in their reply- on-affidavit, has stated the reason for supporting the decision of the Government contained in the impugned circular. The relevant part of their reply states that under the provisions of the Gujarat Agricultural Lands Ceiling Act, 1960 (for short, "the Act"), 237000 acres of land was declared surplus, out of which possession of land, admeasuring 145000 acres has been taken by the State government. Out of the land, of which possession has been taken, 107000 acres of land has already been distributed. The remaining 26000 acres of land was given on annual basis to different persons.

( 5 ) IT is stated that the Government of Gujarat is bound by the Award of the Narmada Water Dispute Tribunal, which provides that Government of gujarat will have to establish rehabilitation villages in Gujarat in irrigation command area of the Sardar Sarovar Project. The agriculturists affected by the Project include 4520 and 1118 families residing in Madhya Pradesh and maharashtra, respectively. As per the N. W. D. T. , land going under submergence of the person should be compensated not in terms of money, but equal area of land is to be given to the oustees. It is in the above background and N. W. D. T. Award that the Government of Gujarat took a decision to reserve surplus lands available in 12 Districts of the command area of Sardar Sarovar Project for distribution to the families affected by the Project. It was stated in the affidavit- in-reply that the provisions of Sec. 29 of the Act were proposed to be amended by the State Legislature of Gujarat for resettlement of land-oustees of the Project by distributing them surp

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