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2005 Supreme(Guj) 672

K.R.VYAS, AKSHAY H.MEHTA
KACHCHH JAL SANKAT NIVARAN SAMITI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: AMI YAGNIK, KAMAL TRIVEDI, MAITHILI MEHTA, MIHIR JOSHI, N.V.Anjaria, S.N.SHELAT

KSHITIJ R. VYAS, J.

( 1 ) THE petitioner, Kachchh Jal Sankat Nivaran Samiti, through its Convener and other Citizens of Kachchh, by way of this Public Interest Litigation voiced grievance as regards the meagre allocation of water from Sardar Sarovar Project by the Government to the District of Kachchh which constitute 1/4th of the total area of the State which is a 100% drought prone district. The locus standi of the petitioners, as indicated in para 3. 1 of the petition makes the petition of a representative character on behalf of the people of Kachchh voicing their grievance as well as the aspirations of the people. To appreciate the grievances of the petitioners, it is necessary to give certain background of the factual aspects.

( 2 ) IN the year 1969, the Government of India constituted a Tribunal named Narmada Water Dispute Tribunal ( hereinafter referred to as nwdt/tribunal) headed by Justice V Ramaswamy, a retired Judge of the Supreme Court to decide the inter-state dispute of sharing water of river-Narmada. On 16. 8. 1978, the tribunal declared its award under section 5 (2) read with section 5 (4) of the Inter-State Water Disputes Act, 1956 (for short, the Act ). Thereafter,


































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