Lemwang Chuhwanglim, PhD
Social Activist, Mon'
Land compensation for road building had been one of the major issues for many years that promulgate deadlock in attaining good development and good road in the Naga society. The concept of development is deplorably misconstrued by contractors and project managers to innocent land owners and public in general in the Naga society. This repercussions to land damages, incomplete project work, and poor quality road, reduction of environmental growth and most importantly, robbery of entitled rights to land compensation from land owners. Subsequently, such long term illegal practices among project managers and contractors, engineers and stakeholders had been prevailing in collaboration with bureaucrats and top level power manipulators of the State Government.
Case studies analysis: A project engineer visited the villagers who are also the land owners with decretory statement “if you people do not give free land for road cutting, I would divert the alignment of the road”. A government officer called one of the village council members to sign the affidavit and said “your land is a waste land therefore, sign it for free land for the road cutting”. A District authority sends out Affidavit of “Yes” or “No” without any agreement details to village council chairmen to sign on it to give free land for road cutting. Every officer, project engineer and contractor frightens land owners with illegal statement “road cutting is for development or road brings development”. Such illegal and marginalizing approaches of the power manipulators continuously block any development of villages and towns in the Naga society whereas they prosper individually.
Road making alone is not development for citizens but good road and fair compensation is. Development exists from both sides (government and people). Had the theory of road making brings development was true, numerous villages that have National Highway and other main road connectivity for the past 40 to 60 years would have become well developed places. Development through road takes place only when reciprocity act between the Government and people happens. Government has obligation to release land compensation to land owners as amended in the Compensation Act 2013 which clearly says “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: 27. Determination of amount of compensation.–The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land. “the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field,”. With the compensation, villagers find space to rebuild good houses and invest for many development works. This had not taken place in the Naga society since the inception of road cutting as the concerned project holders snatched away the compensation amount meant for the land owners that led to citizens loss both compensation and land.
The knowledge of rights to compensation of every land owner and citizens in general is an inevitable education that no project engineer, manager and bureaucrats have power to shift any road that central government had aligned as per the National highway Act 1956. Such act concerned authorities is an offense and crime that citizens have power to defy against them legally. Land owners and citizens must have obligation to access to National Highway Act for compensation that stated “The National Highways Act, 1956 ACT NO. 48 OF 1956 3G. Determination of amount payable as compensation.—(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority. (2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-section (1), for that land.
It clearly stated in The Nagaland Highways Act, 1967 Act 6 of 1967. CHAPTER V. Determination of amount of compensation by agreement - 27. The amount of compensation payable under section 26, the persons to whom it is to be paid and the apportion merit of such amount-among the persons interested therein, shall be determined by agreement between the Highway Authority or any officer authorized by the State Government and the person I or persons claiming interest therein. In addition, The Nagaland State Road Transport Act, 1966 Published in the Nagaland Gazette-Extraordinary, Date the 8th November, 1966 clearly mentioned about “fair amount of compensation” to land owners on any such activities. These Acts genuinely protect and safeguard the rights to land compensation and land ownership. However, the existing corruption among the assigned officers and contractors become the ferocious act upon citizens to poverty and fooling the innocent rural people abandoning them like rotten logs. Hence, the rich becomes richer and poor becomes poorer in the Naga society. This is the appropriate time and moment for many young educated people from different walks of lives to sensitize and enhance the knowledge of protecting ones rights in the context of land issues in any project execution according to the constitution and Acts.
Solely blaming taxations from freedom fighters for poor development in the State is a naïve excuses on the part of State Government, project managers and contractors. There is already a sufficient package of land compensation from Central Government in any road project be it National and State Highway. A fair utility of such allotted compensation would relegate any deadlock in good road, development, justice and most importantly a peaceful coexistence among people, nature, rights and above all, God the provider of all. Let justice and transformation prevail in the Naga society to attain peace and tranquility to abrogate polarization, corruption, in transparency, cheats and any anti-social activities which subjugate the rights of the people, to bring accountability, development and peace.
