22 January 2008
Supreme Court
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INDIAN COUNCIL OF LEGAL AID & ADVICE &OR Vs STATE OF ORISSA

Case number: W.P.(C) No.-000042-000042 / 1997
Diary number: 21545 / 1996
Advocates: Vs D. S. MAHRA


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CASE NO.: Writ Petition (civil)  42 of 1997

PETITIONER: Indian Council of Legal Aid & Advice & Ors.

RESPONDENT: State of Orissa & Anr

DATE OF JUDGMENT: 22/01/2008

BENCH: CJI K. G. Balakrishnan,R. V. Raveendran & J. M. Panchal

JUDGMENT: JUDGMENT

O R D E R  WITH  TC(C) Nos.9-10/1997

       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.  

       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."

       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.  

       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.    

       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

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for the efforts taken by the petitioners.  

       If there is any difficulty, the petitioners would be at liberty to  approach this Court.