Indian Council of Legal Aid and Advice and ors. Vs. State of Orissa and anr. - Court Judgment

Excerpt:
.....report given by nhrc which will improve the living conditions of kbk region was accepted by the state government - state government has also agreed for an effective monitoring mechanism suggested by nhrc to ensure that the suggestions made by the nhrc are implemented properly and continuously - no further directions required - writ petition disposed of - section 100: [tarun chatterjee & dalveer bhandari, jj] appeal against interim order -decree of eviction -during pendency of second appeal interim order staying eviction subject to the conditions that appellant shall go on depositing a sum of rs. 20,000/- p.m. as occupational charges/compensation and also rs.20,000/-pm towards arrears of occupational charges - respondent themselves have prayed for mense profits at rs. 900/-pm - ..........the matter and recorded the submission of the learned advocate general of state of orissa that the state government will implement all directions including those interim in nature, given by nhrc. in the subsequent order dated 21.7.1997, the petitioners were permitted to approach the nhrc with suggestions, for interim directions. nhrc evolved short term and long term schemes to empower the people of this region and also monitored implementation of such scheme for more than eight years. it submitted several interim reports to this court. on 10.3.2003, this court noted:it is brought to our notice that in the light of the progress made in the matter before the nhrc, the matter should continue to be considered by the nhrc itself and further orders are not required by this court at this stage......

Judgment:
ORDER

1. This writ petition has been filed highlighting the problems of residents of KBK districts in State of Orissa and seeking directions to prevent starvation deaths and occurance of famines etc.

2. On 28.4.1997, this Hon'ble Court noted that the National Human Rights Commissions (for short 'NHRC') was seized of the matter and recorded the submission of the learned Advocate General of State of Orissa that the State Government will implement all directions including those interim in nature, given by NHRC. In the subsequent order dated 21.7.1997, the petitioners were permitted to approach the NHRC with suggestions, for interim directions. NHRC evolved short term and long term schemes to empower the people of this region and also monitored implementation of such scheme for more than eight years. It submitted several interim reports to this Court. On 10.3.2003, this Court noted:

It is brought to our notice that in the light of the progress made in the matter before the NHRC, the matter should continue to be considered by the NHRC itself and further orders are not required by this Court at this stage. It is ordered accordingly. The report filed so far shall, therefore, stand accepted.

3. Various recommendations made by the NHRC have empowered the people residing in the locality by providing them with land, irrigation facilities and opportunity to live with some dignity. The monitoring mechanism suggested by NHRC also ensured that the recommendations were implemented. Both the Union of India and the State Government co- operated well and with the joint efforts of all concerned, it is stated that a perceptible change has been brought about in the KBK area, which had earlier been termed as a problem beyond redemption.

4. The final report with appropriate recommendations has been given by NHRC on 30.8.2006. These recommendations will go a long way in improving the living conditions of KBK region. The recommendations in the final report of NHRC have been accepted by the State Government. The State Government has also agreed for an effective monitoring mechanism suggested by NHRC to ensure that the suggestions made by the NHRC are implemented properly and continuously.

5. In the circumstances, we are of the view that no further directions are required in this petition and the connected transferred case. The writ petition and transferred case are disposed of accordingly recording our appreciation for the efforts taken by the petitioners. If there is any difficulty, the petitioners would be at liberty to approach this Court.