- (1.) Heard learned counsel for the applicant(s)/petitioner(s).
(2.) This interlocutory application for directions is filed in the special leave petition. The special leave petition has been filed against the judgment of the Gujarat High Court dated 04.10.2005 dismissing the writ petition filed by way of Public Interest Litigation. The prayer in the Writ Petition related to the alleged grievance of meagre allocation of water from Sardar Sarovar Dam by the State Government of Gujarat to the district of Kuchchh which is alleged to constitute 1/4th of the total area of the State of Gujarat and is alleged to be a drought prone district.
(3.) By means of the impugned judgment the Division Bench of the High Court dismissed the writ petition holding that there are no judicially manageable standards for adjudication for allocation of water in favour of any region within the State. The Government is the best judge to decide how much water should be released from the Narmada Canal to Kuchchh and how much water is to be left for other regions. All these decisions require delicate balancing and consideration of complex social and economical considerations which cannot be brought under the judicial scrutiny. In fact, the State Government has accepted the decision of the Narmada Water Disputes Tribunal which cannot be said to be arbitrary.;