TPO’s call to all Nagas to save Intangki for all Nagas
The Tenyimi People’s Organization (TPO) is compelled to state that it is deeply disappointed by what the learned Senior Advocate General of Nagaland, Mr. K.N. Balgopal, has done and failed to do in the case of Inavi Village vs State of Nagaland and Others under SLP(C) No. 36424/2011, hearing of March 23, 2012, in the Hon’ble Supreme Court of India. In the said hearing the Advocate General, for reasons best known to him, but not expected from the top legal adviser maintained by the State on behalf of the people to protect their interests, voluntarily and inexplicably nullified the well-reasoned, historic Judgment and Order of the Hon’ble Guwahati High Court dated 24/08/2011. This literally has given license to the unrelenting criminal trespassers and illegal encroachers of the Intangki National Park to claim for relocation of their alleged settlement of 1000 (one thousand) hectares and compensation to the tune of Rs 7,70,02,850 (seven crore seventy lakhs two thousand eight hundred and fifty ) from the State of Nagaland with the backing judgement and order of the Supreme Court of India. Before it will be too late, the people of Nagaland must understand and prevent the possible costly consequences of this dangerous loophole given to the encroachers.
The Advocate General also remained silent on the fraudulent claim made by the illegal encroachers that they were/are shelterless, landless forest dwellers, etc. In his position he is expected to be aware of the established position of the State that this claim by any tribe is untenable in the context of Nagaland. This failure to clarify or protest amounted to tacit consent and inevitably led to the observation of the Hon’ble Supreme Court of India that if representation is made by the petitioners, that is the criminal encroachers of Intangki National Park, the State of Nagaland shall consider their prayer for their rehabilitation and relocation as per law. This erroneous Supreme Court judgment is nothing short of generously rewarding and strongly encouraging all acts of encroachment and land grabbing in the State. However, this observation by the Court came about due to the failure, deliberate or otherwise, to clarify the vital material fact that the encroachers were not shelterless, landless or forest dwellers. They were originally hailing from other districts and there is nothing such as landless persons in Nagaland. The ownership of land and its resources belong wholly to the people of Nagaland and the State government owned no land except through acquisition on payment. To claim for forest dweller’s right, one has to be dwelling in the forest peacefully for a minimum of three generations and this question does not arise in the present case. Due to the failure to maintain the position of the State on these material facts, the erroneous order was passed as a consensus decree because there was no opposition in any manner during the hearing to the unscrupulous claim made by the encroachers that they were shelterless, landless, forest dwellers.
Mr. K.N. Balgopal, the learned Advocate General for the State of Nagaland, submitted before the Supreme Court that “the State shall not enforce the order of the High Court for recovery of the compensation from the petitioner” (encroachers), clearly upholding the interest of the criminal encroachers above that of the State and all its people. The State government has so far taken no action to appeal and rectify to this highly questionable line taken by the learned Advocate General seriously diminishing the chances of survival of the ecologically sensitive Intangki National Park. We believe it is our duty to call upon the State government to exercise its authority to fulfill its sacred responsibility of protecting the severely endangered biodiversity asset of incalculable value. As this is an issue with global ramifications we maintain that Nagas cannot allow politicizing of the discussions on the Intangki National Park or pursuit of selfish stratagems of any kind that will lead to its destruction. Disowning and nullifying the Hon’ble Gauhati High Court Judgment and Order which protected Intangki National Park gives license to the criminal encroachers to make their claim for relocation of their illegal settlement and compensation from the State of Nagaland. This will amount to sale of State interests and properties to the encroachers. This is unacceptable. Our State with its limited size and resources must not set a precedent of satisfying the greed of any group for any reason as it will not be possible to sustain the practice. Mother Nature has enough to provide for the need of everyone but not for the greed of all of us.
The people will understand and appreciate the State playing its rightful role in this crisis. A suspicion has rapidly gained ground that an unholy conspiracy is behind the crisis and that there is more to it than is meeting the questioning eyes of the public. The original gift of land given by the Zemi people which has become the Intangki National Park today gives a precious opportunity to all Nagas to achieve a great goal together the right way. Let us realize that the forest is giving us an invitation to choose the road to wholesome sustainable growth based on self-limitation by all of us.
It is well known that the encroachers hail from their own respective native villages/towns/districts where they, like all other Nagas, have their own properties and shelter. Therefore they must all go back to their original respective villages, instead of pleading for shelterlessness or status of forest dweller’s tribe, which are totally false and not maintainable ethically or legally. Make no mistake, the Naga public watching the drama know that the encroachers and their collaborators and others not thinking beyond instant enjoyment of non-renewable resources must have already amassed untold crores of rupees from their illegal timber felling and trading over the years by taking undue advantage of the disorder created by the political turbulence in our land. But if they agree to go back to their own respective homes, we all should support their case by all means with all possible help. It is high time that we Nagas reject the culture of encroachment going on in the State in a big way. It is making our society unmanageable, and the preservation of our vulnerable, priceless natural ecosystem will soon become impossible.
The TPO appeals to all Naga communities, NGOs and the government to stand firm for protection and preservation of Intangki Wildlife Sanctuary and National Park for our future security and safety. It is our small contribution to the desperate battle of mankind to meet the threats of global warming and ecological imbalances. If we will choose to bring the best out of one another instead of the worst as it is the case today, we will rejoice in the victory together. That is the way nations are built.
On behalf of the Tenyimi People’s Organization (TPO) Nagaland, Manipur & Assam States, HQ. Kohima, Nagaland.
1. Keku Zeliang, President, TPO.
2. Z.Vasa, Vice President, TPO.l
3. Benjamin Lorin, General Secretary, TPO.
4. K.Seyie, Advisor, Legal Cell, TPO
5. Khupo Kezo, Chairman, Legal Cell, TPO
6. Markson President NPO / Chairman,TPO Sanapati Branch)
7. Khenga Rusho President RNPC (Vice Chairman TPO, KarbiAnglong Diphu, NC Hill/Dima Hasao, Longdiram.
