VI REHABtLlTATtON OF PEOPLE DISPLACED BY MEGA PROJECTS After undertaking a detailed inquiry into a cornplalnt filed by the National Alliance of People's Movements in respect of the rehabilitation of persons atfected by the submergence of their lands because of the construction of the Bargi Dam across the river Narmada in Madhya Pradesh, a team of the Commission observed in a report dated 26 September 1996: 6.1 'The State has a responsibility, in the interest of the nation, to undertake appropriate projects for its economic development. The question, however, arises whether the national interest is best served when the interests of the most vulnerable sections of society, namely the Scheduled Tribes and Scheduled Castes, are seriously abridged without adequate regard to their rights. In the view of the team, it Is essential to balance with greater justice and equity the national interest with the interests and dignity of those who are required to yield their land and, indeed, the very basis of their individual and communal personality, for the interests of the nation. In this connection, the team also believes that it is appropriate to recall the concerns of the Supreme Court of lndia as expressed in 1986 (Suppl.) S.C.C. 350 Karjan Jalasay Yojna Assargrasth Sahkar An8 Sangarsh Samiti vs. State of Gujarat and Others; and 1986 (Suppl.) Supreme Court Cases 578 between Gramin Sewa Sanstha Vs. State of Madhya Pradesh and Others, which dealt with similar issues." Thereafter, in its annual report for the year 1996-97, the Commission, while referring 6.2 to this case, expressed concern over the fate of those who were displaced as a result of mega-projects implemented by the State, and recommended that a comprehensive examination be undertaken of prevailing rehabilitation policies. It suggested, specifically, that the Central and State Governments examine and appropriately amend their laws, regulations and practices in order to ensure that when it comes to the acquisition of land for purposes related to national economic development, the provisions of the Constitution as expounded by the Supreme Court and as contained in the international instruments to which lndia is a party, notably ILO Convention 107 are respected. The Commission would like to note with appreciation, in this connection, that the Central Government has initiated steps to draft a national policy for resettlement and rehabilitation, adopting a more holistic approach, rather than one that was essentially oriented towards cash-compensation. The Commission intends to participate in the formulation of the new policy. I 6.3 In the meantime, the Commission has continued to receive complaints from different areas of the country alleging inadequacies or indifference in the rehabilitation of communities, more particularly members of disadvantaged groups, when they have been displaced or otherwise adversely affected by mega projects. Some of the major cases brought before the

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