AGREEMENT BETWEEN INDIA AND PAKISTAN ON BORDER DISPUTES (EAST PAKISTAN)
New Delhi, 10 September 1958
1- In accordance with the directives issued by the Two Prime Ministers, the Secretaries discussed this morning the following disputes.
West Bengal – East Pakistan
(1) Bagge Awards in disputes I and 11.
(2) Hilli.
(3) Berubari Union No. 12.
(4) Demarcation of Indo-Pakistan frontier so as to include the two
chitlands of old Cooch Behar State adjacent to Radcliffe
Line in West Bengal.
(5) 24-Parganas-Yhulna -Jessore 24-Parganas Boundary disputes
Assam-East Pakistan
(6) Pakistan claim to Bholaganj.
M.J. DESAI,(7) Piyain and Sumra-Boundary disputes.
Tripura-East Pakistan
(8) Tripura land under Pakistan railway and Tripura land to the west of the railway line at Bhagalpur.
(9) Feni river-Boundary dispute.
West Bengal-East Pakistan
(10) Exchange of enclaves of the old Cooch Behar State- in Pakistan
and Pakistan enclaves in India. Claim to territorial compensation for
extra area going to Pakistan.
2. As a result of the discussions, the following agreements were arrived at :
(1) Bagge Awards on disputes I and II.
It was agreed that the exchange of territories as a result of
demarcation should take place by 15 January, 1959.
(2) Hilli.
Pakistan Government agrees to drop this dispute. The position will
remain as it is at present in accordance with the Award made by Sir
Cyril Radcliffe and in accordance with the line drawn by him on the map.
(3) Berubari Union No. 12.
This will be so divided as to give half the area to Pakistan, the other
half adjacent to India being retained by India. The division of Berubari
Union No. 12 will be horizontal starting from the north-east corner of
Dobiganj thana. The division should be made in such a manner that
the Cooch Behar enclaves between Pachgar thana of East Pakistan and
Berubari Union No. 12 of Jalpaiguri thana of West Bengal will remain
connected as at present with Indian territory and will remain in India.
The Cooch Behar enclaves lower down between Beda thana of East
Pakistan and Berubari No. 12 will be exchanged along with the general
exchange of enclaves and will go to Pakistan.
(4) Pakistan Government agree that the two chitlands of the old Cooch
Behar State adjacent to Radcliffe Line should be included in West
Bengal and the Radcliffe Line should be adjusted accordingly.
(5) 24-Parganas-Khulna 24-Parganas–Jessore Boundary disputes
It is agreed that the mean of the two respective claims of India and
Pakistan should be adopted, taking the river as a guide, as far as
possible, in the case of the latter dispute. (Ichamati river).
(6) Pakistan Government agrees to drop their claim on Bholaganj.
(7) Piyain an& Surma river regions to be demarcated in accordance
with the relevant notifications, cadastral survey maps and, if
necessary, record of rights. Whatever the result of this demarcation
might be, the nationals of both the Governments to have the facility of
navigation on both of these rivers.
(8) Government of India agrees to give in perpetual right to
Pakistan the land belonging to Tripura State to the west of the railway
line as well as the land appurtenant to the railway line at Bhagalpur.
(9) The question of the Feni river to be dealt with separately after further study.
(10) Exchange of old Cooch Behar enclaves in Pakistan and Pakistan enclaves in India without claim to compensation for extra area going to Pakistan, is agreed to.
3. The Secretaries also agreed that the question of giving effect to the exchange of territory as a result of the demarcation already carried out, should be given early consideration.
M.S.A. BAIG,
Foreign Secretary Ministry of Foreign Affairs and Commonwealth
Relations, Government of Pakistan.
M.J. DESAI,
Commonwealth Secretary, Ministry of External Affairs, Government of India.
New Delhi,
10th September, 1958