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