56
RIGHTS OF THE
VULNERABLE
• The Commission had noted that, in a number of cases, land in excess of what
was needed was being acquired and that no consultation was taking place with
the people likely to be affected by the acquisition of land. A properly prepared
project document with estimates of expenditure involved in the R&R package
would avoid acquisition of excess land.
• For the purpose of transparency and information of the people likely to he
affected by a project, a Committee should be constituted consisting of
representatives of the Government, the industry/agency for which land is
proposed to be acquired and the project affected people. The Commission
should hold detailed consultations before acquisition of land.
6.4 The Commission also decided to discuss this matter further with the Minister for
Rural Development, after the Secretary, Ministry of Rural Development had been able
to inform the Minister of the views expressed by the Commission in this regard.
B] Dispensation of Relief Measures to:
1)
The Orissa Cyclone Affected
6.5 It will be recaUed that the Commission took suo motu cognisance of the
situation arising from the devastating cyclone, which struck large areas of the State of
Orissa in October 1999. The Commission considered it essential to intervene in order
to ensure that the rights of the affected population — particularly the most vulnerable
— were properly protected in the aftermath of the catastrophe. It accordingly directed
Shri N. Gopaiaswami, the then Secretary General and Shri Chaman Lai, Special
Rapporteur of the Commission, to visit the affected area and make a detailed
assessment of the situation. After considering their reports, the Commission issued
specific directions and recommendations on 8 December 1999 on the manner in
which the relief and rehabilitation work should be conducted.
6.6 The Special Rapporteur visited the cyclone-affected districts repeatedly during
the year 2000-2001 in order to review the implementation of the
directions/recommendations of the Commission. After each such visit, he reported
back to the Commission, which continued to monitor the situation carefully and
remain in close touch with the State authorities.
NATIONAL HUMAN RIGHTS COMMISSION