- (1.) ):- These are five writ petitions under Article 32 of the Constitution and three appeals against the decisions of the High Courts of Gujarat and Delhi. The writ petitions have been filed by Mr. Manikant Tiwari (W. P. No. 109/68), Mr. Shiv Kumar Sharma (W. P. No. 234/68), Mr. Madhu Limaye (W. P. No. 402/68), Mr. Gulabsanker Amritlal Dholakia (W. P. No. 403/68) and Mr. Node Sadi Rau (W. P. No. 409/68). The appeals from the Delhi High Courts common judgment, 14 May, 1968 on certificate are by Mr. Shiv Kumar Sharma (C. A. No. 2118/68) and Major Ranjit Singh(C. A. No. 1900/68) and the appeal from the decision of the Gujarat High Court is in a writ petition filed by Mr. Maganbhai Ishwarbhai Patel (C. A. No. 1528/68). The Gujarat High Court on 18 March, 1968, dismissed the petition summarily and the appeal is by special leave of this Court. This judgment will dispose of all of them.
(2.) The several petitioners seek a writ of mandamus or any other appropriate writ or order or direction under Art. 32 of the Constitution to restrain the Government of India from ceding without the approval of Parliament the areas in the Rann of Kutch known as Kanjarkot, Chhadbet, Dharabanni, Priol Valo Kun and two inlets on either side of Tharparkar to Pakistan as awarded to it in the award, 19 February, 1968, of the Indo-Pakistan Western Boundary Case Tribunal. Mr. I. N. Shroff (C. A. No. 1528/ 68), Mr. A. S. Bobde C. A. No. 1900/ 68) and Mr. C. B. Agarwal (W. P. No. 403/68) represented three such petitioners. Mr. Shiv Kumar Sharma, Mr. Madhu Limaye and Mr. Manikant Tiwari argued their own matters. The Union of India was represented by Mr. C. K. Daphtary, former Attorney-General of India, who had also conducted the case for India before the Tribunal.
(3.) The Indian Independence Act of July 18, 1947 (an Act of the British Parliament), created from August 15, 1947 two dominions known as India and Pakistan. By the same statute the paramountcy of the British crown over the States of Kutch, Santalpur, Tharad, Suigam, Wav and Jodhpur lapsed and they soon acceded to and merged with India. The former British Indian Province of Sind was included in Pakistan while the Presidency of Bombay was part of India. Between these two lies the Great Rann of Kutch, Sind abutting on the North and West and the Indian mainland on the South and East.;