NANDINI SUNDAR Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) We have elaborately heard Shri Ashok Desai, learned senior counsel appearing on behalf of the Petitioner, Shri Gopal Subramanium, learned Solicitor General appearing on behalf of the Union of India as well as Shri Harish Salve, learned senior counsel appearing on behalf of the State of Chhattisgarh.

(2.) The National Human Rights Commission (Investigation Division) in its report submitted in August, 2008 stated that at that time altogether approximately 40,000 Tribals were living in 23 relief camps functioning in Dantewada and Bijapur Districts of Chhattisgarh. It is stated that even as on today, 23 relief camps are functioning but the number of Tribals living in those relief camps has substantially come down. There is a consensus amongst all the parties that ultimately these Tribals living in these relief camps have to go back to their respective villages to lead their normal life. It is the constitutional duty and obligation of the State to facilitate the return of the Tribals living in those camps to their respective villages.

(3.) In the circumstances, we direct the State Government to file a comprehensive affidavit duly stating the details of the action plan for disbanding/winding of these relief camps so that the Tribals living in these camps go back to their respective villages.