Opinionnoklak: a glance at the land of the longest monsoon and the ...

noklak: a glance at the land of the longest monsoon and the richest landowners

The world we live in is a wonder in itself. In spite of cutting-edge technological advancement, AI and quantum physics, one can marvel at how little we know of the earth we live on. To cite one such instance is the newly discovered phenomenon in Nagaland’s Frontier District, which was discovered by the Government of Nagaland and reported in the recently concluded NLA session – where an abnormally prolonged monsoon prevails, where historic landslides in the magnitude never seen anywhere else occur, and where landowners’ treasuries overflow with compensation money.Yes, we are talking about the infamous “as-is, where-is” reply furnished to our Hon’ble MLA’s starred question during the 14th NLA session by the PWD (R&B) Department, which pertains to the premature closure of two road construction projects under Noklak District i.e., road construction from Noklak to Thonoknyu via Sanglao (14.54 Km), and from Jengdang Saddle-Noklak-Pangsha Phase-II (31.00 Km) – whose project alone amounted to Rupees One Hundred Sixty-Four Crore Eighty Lakh Ten Thousand (Rs. 1,64,80,10,000/-).
The aftermath of the NLA session sowed a great seed of unrest among the public and the landowners in general, as none could recollect ever receiving any compensation from the Department. In fact, the public, in all their ignorance and innocence, stood for development and for the general welfare all these years, and road construction compensation/damage compensation is rather an alien topic to them. For some, the ongoing project came to light only after its termination was questioned in the NLA. At the end of the day, the people in trust let down the general public of Noklak by committing two egregious acts of public maladministration.
Firstly, by snatching away the food already served on the plate, thus amounting to a potential breach of the very Fundamental Right under Article 21 (as a positive duty of the State) of the Indian Constitution. Secondly, the blame was conveniently and whimsically shoved upon the landowners citing land compensation demand, a dime of which they never received.
This only exposes a serious dereliction of duty, an irreparable breach of public trust and betrays a condescending disregard for the people of Noklak by all parties concern.
It is an established fact that the Nagas have the highest regard for the land and its resources, which is also the main bedrock of Article 371(A), and likewise the Khiamniungan people do so. When everything ends and exhausts under the sky for mankind, the highest and final exclamation and hope goes with the word “GOD”. In Khiamniungan terminology, the word “G-O-A” stands for “G-O-D” which is an agglutination of two words “Goh” and “Aun or Ah”, the terms for Land and Sky.
Therefore, land and its resources are revered and pious to the Khiamniungan Nagas as to any other Naga community, for it provides and sustains life and the family. So, the seemingly neglected jungle could be an ancestral jhum field waiting for the next clearing, or a private reserved forest which is the lifeline – paying for their children’s tuition fees or supporting the ever-expensive house rent and buying the associated air and water in cities like Kohima and Dimapur.With that said, the landowners had every right to seek land compensation under the provisions of the Indian laws. There are two separate legal provisions – one for land acquisition, and another for damages caused during construction. The first is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. It replaced the Act of 1894. Under Sections 26 to 30, compensation is calculated at market value based on sale deeds of the last three years or government circle rates, whichever is higher. In rural areas, the law provides twice the market value plus 100% solatium, which effectively amounts to four times the value. Separate payments are entitled for houses, trees, crops and wells, along with 12% annual interest.
The second is when your land is damaged during construction – landslides triggered by blasting, road cutting and dumping of excavated muck on private jhum fields. Under Section 3G(7)(c) & (d) of the National Highways Act, a landowner can claim compensation for damage to standing crops and trees, severance of land, injurious affection to property and expenses for shifting. Under NHIDCL/MoRTH EPC Contract Clauses 8 & 12, the contractor is liable for any damage caused by blasting, muck disposal and unscientific cutting. If the slide is due to negligence, it is also actionable as a nuisance under the Law of Torts and the Indian Easements Act in a civil court.
Now, coming back to the two failed projects, the Department of PWD (R&B) has re-clarified in the local print medias that the projects were foreclosed due to the discontinuation of the NLCPR scheme and “NOT BECAUSE OF LAND COMPENSATION DISPUTE”, which apparently was necessitated only after the tussle by the Khiamniungan Students’ Union. Yes, we want good roads, we want black-topping, but we never demanded damage compensation, forget about land acquisition compensation, for we have always valued and supported development and have forgone such claims in the larger public interest. However, despite our cooperation and goodwill, the trust reposed by us has been betrayed by the very authority and people entrusted to safeguard our interest and rights.
This is a clarion call to all rightful-thinking citizens and those who still value justice and righteousness to ponder upon and be a good judge. Had the KSU never raised this issue, it would have been a peaceful death-systematically orchestrated by the concerned firm/contractor, ministered by the department and its well-wishers, and decorated by the hand-of-God (monsoon & landslide)with the landowners as the sacrificial lamb. Now, that the landowner excuse being overruled, are the excuses of prolonged monsoon and frequent landslides justified for the delay of time-bound projects and their subsequent termination? What kind of appeasement project is in store for the aggrieved Noklak District? Or will this be one of those one-time tamasha, where we all sake hands in a true Christian style and move on like nothing really ever happened? Should this befall to another community, what mighty dust would it generate?
At the end of the day, everything done under the Land and Sky, we will be answerable to our Goa/God.
“The world is a dangerous place to live, not because of the people who are evil, but because of the people who don’t do anything about it”-Albert Einstein.
Shiu Puhe
Address-Noklak Village,Noklak Dist.

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