The court emphasized that public interest litigation was intended to promote and vindicate public interest and that public interest would be safeguarded by directing the parties to work out their rights under the contract.

K.A Nayar, J.

1. The questions of law to be decided in these cases are snowed under an avalanche of exhibits and pleadings, but on a subjection of judicial thawing of these exhibits and pleadings, it will be seen that the matter falls in a narrow compass. Both the cases are connected and we will take up O.P. 10551 of 1985 for consideration first.

2. The petitioner is an A class contractor who has undertaken major contract works of the forest as well as Public Works Department of the State. He challenges the proceedings of the Government in permitting the 5th respondent to remove the timber stacked on the bank of the Kakki reservoir on the ground that the proceedings permitting the 5th respondent to collect and remove the timber spells in the realm of favouritism shown to the 5th respondent by the Government. The prayers in the Original petition (O.P. 10551 of 1985) are:

1. A writ of certiorari, or other appropriate writ, direction or order quashing Ext.89 Government order No. 312/84/Agri. dated 27-10-1984 issued by the first respondent, permitting the 5th respondent to remove timber (3898.952 cum) stacked on the banks of the Kakki reservoir;

2. to issue appropriate writ, direction or order, declaring that the quantity of timber found at Anathode and Kakki stacking/ collection points in Kakki reservoir coupe area (3898.952 cum) stand reverted to Government as their property by virtue of clauses (5) and (12) of Ext.P19 agreement dated 13-6-1977;

3. to declare that the petitioner is entitled to purchase the entire timbers piled/stacked on the banks of the Kakki reservoir (3898.952 cum) at Kakki and Anathodu collection/ stacking/ collection site and the balance timber found in the Kakki reservoir at an average price of Rs.1000/- per cum of utilisable timber by virtue and in consequence of Ext.P11 offer of the petitioner as revived by Ext.P14 dated 23-11-1983, subject to terms and conditions prevailing in respect of similar forest contracts, as to contract period, security deposit, penalty, etc."

The 3rd prayer in the Original Petition has not been pressed before us at the time of hearing and the petitioner's prayer in this Court at the time of hearing was to treat the Original Petition (O.P.10551 of 1985) as a public interest litigation. The 5th respondent in the O.P. is the petitioner in O.P.8793 of 1983.

3. The surviving points to be considered in the Original Petition, therefore, are whether Ext.P89 Government Order dated 27-10-1984 issued by the first respondent permitting the 5th respondent to remove the timber stacked on the bank of Kakki reservoir is in any way illegal and whether the timber found in the reservoir coupe area both collected and stacked as well as remaining submerged vested in the Government.

4. Before addressing to the legal questions involved, a narration of facts leading to Ext.P89 and thereafter will be required for appreciating the controversy. The timber remaining in 82 hydal coupes in Kakki dam area were sold to various parties in 1963,1964,1965 and 1967 before the Kakki dam reservoir was inundated and commissioned in 1967. The Executive Engineer, Civil Maintenance Division, Moozhiyar pointed out that timber lying between F. R. L. (3220) and minimum draw down level (2960') is a major cause for the hydrogen sulphide pollution and if those timber are allowed to be collected and removed, or allowed to be burnt to charcoal and removed, it will be possible to clear the area without any cost either to K. S. E. Board or Forest Department. The possibility of collection of revenue by the Department is also pointed out. This recommendation was approved by the Conservator, Chief Conservator and the Government and it was decided to go ahead with the proposal for salvaging the timber from the reservoir. It is, thereafter the Divisional Forest Officer published the necessary notification inviting tenders for the right of collection and removal of timber and firewood and charcoal (except teak and rose wood) lying