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Petitioner has further submitted that Article 12 of Geneva Convention 1958 stipulates that the line of delimitation between the territorial sea of http://www.judis.nic.in the two states lying opposite to each other or adjacent to each other are determined based on the historic title on both sides or the principle of equidistance. The island of Katchatheevu has a historic significance, before and after, Independence of India. After Independence the Madras State Government by way of an order No.2093 dated 11.08.1949 declared Katchatheevu as Barren island under Rameswaram revenue village in survey No. 1250, in an area of 285 acre and 20 cents. This factual position was not taken into account while determining the maritime boundary in Palk Strait historic water between India and Sri Lanka.

5. Petitioner has submitted that during 1974 the Prime Ministers of India and Sri Lanka signed an agreement due to which the Indian island of Katchatheevu is now falling on the side of Sri Lanka. Katchatheevu was ceded to Sri Lanka, leaving larger area proximate to Sri Lanka, so that Katchatheevu is falling on the side of Sri Lanka, ignoring Article 368 of Indian Constitution and Article 12 of the Geneva Convention 1958. To protect the traditional rights of fishermen of both the countries special provisions Article 5 and 6 were incorporated in 1974 agreement. Article 5 of the above said agreement which was signed in 1974, by the sovereign powers of India and Sri Lanka, reads as follows:

http://www.judis.nic.in “subject to the foregoing, Indian fisherman and pilgrims will enjoy access to visit Katchatheevu as hitherto and will not be required by Sri Lanka to obtain documents for visas for this purpose.” Article 6 reads as follows:
“The vessels of India and Sri Lanka will enjoy in each other waters such rights as they have traditionally enjoyed therein”