EMN
DIMAPUR, SEPTEMBER 4
The turf war between the indigenous landowners of oil belts in Wokha district and the state government continues to rage on, even as the Lotha Hoho on Friday demanded the state government to suspend all activities related to oil exploration “before amending the P&NG rules and regulation 2012.”
In a letter to the Chief Secretary of Nagaland, the Lotha Hoho stated that the “Nagaland Petroleum & Natural Gas (P&NG) Rules & Regulation 2012” should be amended urgently as it not only infringes but also distorts the Naga customary ownership of land and resources rights as guaranteed in the Article 371 (A) of the Constitution of the country.
“It is known to all, both state government and the people of Nagaland that ownership of land and resources in Nagaland rests with the people of the state and not with the state government by custom as well as by the Constitutional provision of the country enshrined in the Article 371 (A).
“Contrary to this truth, the contention of the state government claiming to be equal landowner with the people in the said Regulation based on the contention, ‘wherever the government owns land’ is illogical and at its best an insult to the Naga’s customary land ownership right and the Article 371 (A),” the statement read.
It also stated that the state government has “deliberately” avoided using the word “royalty” in its P&NG Rules and Regulation, and substituted it with the phrase “revenue sharing.” It however reminded that “royalty” denotes ownership of land and resources, whereas “revenue sharing” primarily relates to the government’s income/receipt.
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“And whereas, the state government had been propagating in its modality and the P&NG Rules & Regulations that they had made these rules and regulation based on the Article 371 (A) and respecting the ownership rights of the people but is found to be deviating from it all along and for which the Lothas have been voicing our deep concern on the matter in various platforms and media as well but our appeals had not been given due attention.
“Rather than listening to our suggestions, the government is bent on executing the petroleum exploitation at Changpang & Tssori villages with the use of force even to enable its tainted/controversial Company called Metropolitan Oil &Gas Private Limited (MOGPL) go ahead with its work.”
The Lotha Hoho reminded that the state government had in 1990 passed an Act called “The Nagaland Ownership and transfer of Land and its Resources Act 1990” which recognizes Nagas’ ownership of land, both over and below the land. “Then in 1995, an amendment to the Act was proposed but the President of India is yet to give his ascent. The present Government instead of thoroughly looking into the gambit of the 1990 Act to bring it to its logical conclusion decided to pass an Assembly resolution in 2010 and based on it came out with a P&NG Rules and regulation 2012.”
Against such a scenario, the Lotha Hoho said, we demand suspension of all activities related to oil activities before amending the P&NG rules and regulation 2012. “We also urge your esteemed office to look into the genuineness of the issue and initiate necessary action from your end.
“In the meantime, due to not only the lackadaisical attitude of the government towards the issue but also bent on going ahead in the exploitation of oil at Changpang by hook or by crook, we have no other option but to go to the court for seeking justice for redress of our legitimate demands to restore our dignity of rightful owners of land and resources.”