To
The Hon’ble Parliamentary Secretary,
Department of Law & Justice, Tourism
Government of Nagaland,
Kohima
Subject: - The Highly Illegal Interim Order at Intangki National Park & Consequences.
Hon’ble Sir,
We are constrained to draw your kind attention to our position on what we are compelled to conclude is a case of unacceptable dereliction of responsibility for the protection of Intangki National Park.
We are shocked to observe that the menace of intrusion and illegal encroachment of the Intangki National Park by over 2, 000 households from the so-called Inavi/Naga United Village and others, has continued unabated for too long without any tangible restraint from the Government of Nagaland or by the Hon'ble Guwahati High Court, Kohima Bench till date. In our view, the Government of Nagaland has not played its due role effectively for reasons we fail to comprehend.
Your esteemed Dept. of Law & Justice is aware that the Hon'ble High Court has granted successive Status Quo or Interim Orders, which are highly illegal, questionable and condemnable by all right thinking persons, considering the indisputable fact already established by the Hon’ble High Court that the Inavi/ Naga United village & others in question, clearly falls within an area of 20,202 hectares area of the officially notified and demarcated without any dispute as a “National Park”. The said matter has already been heard in the said Hon’ble High Court, and the indisputable facts of Intangki National Park were categorically given in a speaking judgment passed by the Hon’ble Mr. Justice Hrishikesh Roy of the Hon’ble Guwahati High Court on 21- 09- 2010 under WP(C) No. 111 (K)/ 2009 & WP(C) No. 217 (K)/ 2009 and dismissed them all earlier, is equally indisputable.
It is deeply regretted that the Department has been found wanting in sincerely pursuing the hearings of the said case before the Hon'ble High Court and
has not taken any concrete steps to challenge and/or vacate the condemnable status quo orders passed in respect of the National Park during all these months w.e.f. 07/10/2010 to 02/05/2011. This serious lapse has resulted in the illegal status quo orders giving shelter to the illegal intruders, thus enabling them to continue their acts of depredation and illegal activities.
Over and above, the status quo/interim orders were supposed to be maintained and enforced fairly by both the parties i.e., the Government of Nagaland on one hand and Inavi / Naga United Village and others, on the other; but it is observed that the same has always been partially maintained. The activities of the Government are restrained on one hand by the said interim orders, but there seems to be no agency to enforce and maintain the status quo against the further encroachment by the illegal intruders. The criminal trespassers are unabatedly continuing with their acts of wanton felling of precious trees, logging operations, hoarding and random killing of wildlife, grabbing of fertile lands at the National Park for settlement, spontaneous road constructions and other illegal developmental activities with machineries like JCBs, Bulldozers, etc., without hindrance.
That the vitally important forests with its sensitive ecosystem, of which you are well aware of, is now at the mercy of the illegal trespassers. Their total disregard of the serious damage that they are illegally causing to Nagaland’s most important and precious forest system now threatens to provoke violence and bloodshed. We wonder, “What were we doing and waiting for all these years?”
The Tenyimi People’s Organisation (TPO), comprised of ten Naga communities from Nagaland, Manipur and Assam, strongly feel that the instant case is a very simple one since the Intangki Wildlife Sanctuary was undisputedly demarcated, notified and declared to be National Park, by the Govt. Notification vide No. FOR-43/83 dated 3rd March, 1993 by the State Government of Nagaland. Therefore, the issue should not in any case be unnecessarily made legally and factually complicated with status quo/interim orders.
There was never a similar history heard of or known to the world where a status quo is granted in favour of illegal trespassers in any National Park. If status quo is granted for any wrong reason, it should be promptly protested and vacated within the shortest possible time. All the illegal trespassers should be immediately arrested and booked as criminals and just burning down of their makeshift huts is not enough. The arrested trespassers should be properly charge sheeted under all relevant sections of IPC and Forest Acts. Exemplary punishment should be given to the selfish land grabbing intruders if we are to ensure our future survival.
The so-called Inavi / Naga United Villagers are basically from Zunheboto District and other Districts of Nagaland, and are “not traditional forest dwellers" of Intangki Area. Also there was never a question that they were forced to relocate their dwellings, due to State intervention, required under Chapter (ii) of the Forest
Dwellers Act Section 3 (2), as their forefathers were not original inhabitants of the Intangki Forest Area and the question of diversion of forest land does not arise.
The TPO’s utmost concern without prejudice is to protect the National Park and to prevent further destruction of the flora and fauna that is still surviving in the extremely endangered ecosystem of the Intangki National Park, for the future well being of the people of our State as well as of the World.
The TPO have, therefore, in different forms and at different times, raised our voices against the said rampant encroachment of the land and felling of the extremely valuable trees. The situation has reached such an alarming state due to the relentless effort of the encroachers to grab the land, whereby the National Park is on the verge of extinction. Hence, this urgent representation.
Under the circumstances aforesaid, we sincerely call upon you to kindly get rid of the so-called Inavi / Naga United Village, and all other encroachers from the Intangki National Park without delay or default. Please be informed that, in the event of your failure to carry out the aforesaid request made in the interest of our State, we shall be constrained to initiate befitting action(s) against all the encroachers, so as to protect our traditional land and our historical rights over the same.
Thanking you, Hon’ble Sir.
Yours Sincerely,
(Z. M. Sekhose) (Benjamin Lorin)
President, TPO Gen. Secy., TPO
(Keku Zeliang) (Z. Vasa)
Vice President, TPO Vice President, TPO
The Hon’ble Parliamentary Secretary,
Department of Law & Justice, Tourism
Government of Nagaland,
Kohima
Subject: - The Highly Illegal Interim Order at Intangki National Park & Consequences.
Hon’ble Sir,
We are constrained to draw your kind attention to our position on what we are compelled to conclude is a case of unacceptable dereliction of responsibility for the protection of Intangki National Park.
We are shocked to observe that the menace of intrusion and illegal encroachment of the Intangki National Park by over 2, 000 households from the so-called Inavi/Naga United Village and others, has continued unabated for too long without any tangible restraint from the Government of Nagaland or by the Hon'ble Guwahati High Court, Kohima Bench till date. In our view, the Government of Nagaland has not played its due role effectively for reasons we fail to comprehend.
Your esteemed Dept. of Law & Justice is aware that the Hon'ble High Court has granted successive Status Quo or Interim Orders, which are highly illegal, questionable and condemnable by all right thinking persons, considering the indisputable fact already established by the Hon’ble High Court that the Inavi/ Naga United village & others in question, clearly falls within an area of 20,202 hectares area of the officially notified and demarcated without any dispute as a “National Park”. The said matter has already been heard in the said Hon’ble High Court, and the indisputable facts of Intangki National Park were categorically given in a speaking judgment passed by the Hon’ble Mr. Justice Hrishikesh Roy of the Hon’ble Guwahati High Court on 21- 09- 2010 under WP(C) No. 111 (K)/ 2009 & WP(C) No. 217 (K)/ 2009 and dismissed them all earlier, is equally indisputable.
It is deeply regretted that the Department has been found wanting in sincerely pursuing the hearings of the said case before the Hon'ble High Court and
has not taken any concrete steps to challenge and/or vacate the condemnable status quo orders passed in respect of the National Park during all these months w.e.f. 07/10/2010 to 02/05/2011. This serious lapse has resulted in the illegal status quo orders giving shelter to the illegal intruders, thus enabling them to continue their acts of depredation and illegal activities.
Over and above, the status quo/interim orders were supposed to be maintained and enforced fairly by both the parties i.e., the Government of Nagaland on one hand and Inavi / Naga United Village and others, on the other; but it is observed that the same has always been partially maintained. The activities of the Government are restrained on one hand by the said interim orders, but there seems to be no agency to enforce and maintain the status quo against the further encroachment by the illegal intruders. The criminal trespassers are unabatedly continuing with their acts of wanton felling of precious trees, logging operations, hoarding and random killing of wildlife, grabbing of fertile lands at the National Park for settlement, spontaneous road constructions and other illegal developmental activities with machineries like JCBs, Bulldozers, etc., without hindrance.
That the vitally important forests with its sensitive ecosystem, of which you are well aware of, is now at the mercy of the illegal trespassers. Their total disregard of the serious damage that they are illegally causing to Nagaland’s most important and precious forest system now threatens to provoke violence and bloodshed. We wonder, “What were we doing and waiting for all these years?”
The Tenyimi People’s Organisation (TPO), comprised of ten Naga communities from Nagaland, Manipur and Assam, strongly feel that the instant case is a very simple one since the Intangki Wildlife Sanctuary was undisputedly demarcated, notified and declared to be National Park, by the Govt. Notification vide No. FOR-43/83 dated 3rd March, 1993 by the State Government of Nagaland. Therefore, the issue should not in any case be unnecessarily made legally and factually complicated with status quo/interim orders.
There was never a similar history heard of or known to the world where a status quo is granted in favour of illegal trespassers in any National Park. If status quo is granted for any wrong reason, it should be promptly protested and vacated within the shortest possible time. All the illegal trespassers should be immediately arrested and booked as criminals and just burning down of their makeshift huts is not enough. The arrested trespassers should be properly charge sheeted under all relevant sections of IPC and Forest Acts. Exemplary punishment should be given to the selfish land grabbing intruders if we are to ensure our future survival.
The so-called Inavi / Naga United Villagers are basically from Zunheboto District and other Districts of Nagaland, and are “not traditional forest dwellers" of Intangki Area. Also there was never a question that they were forced to relocate their dwellings, due to State intervention, required under Chapter (ii) of the Forest
Dwellers Act Section 3 (2), as their forefathers were not original inhabitants of the Intangki Forest Area and the question of diversion of forest land does not arise.
The TPO’s utmost concern without prejudice is to protect the National Park and to prevent further destruction of the flora and fauna that is still surviving in the extremely endangered ecosystem of the Intangki National Park, for the future well being of the people of our State as well as of the World.
The TPO have, therefore, in different forms and at different times, raised our voices against the said rampant encroachment of the land and felling of the extremely valuable trees. The situation has reached such an alarming state due to the relentless effort of the encroachers to grab the land, whereby the National Park is on the verge of extinction. Hence, this urgent representation.
Under the circumstances aforesaid, we sincerely call upon you to kindly get rid of the so-called Inavi / Naga United Village, and all other encroachers from the Intangki National Park without delay or default. Please be informed that, in the event of your failure to carry out the aforesaid request made in the interest of our State, we shall be constrained to initiate befitting action(s) against all the encroachers, so as to protect our traditional land and our historical rights over the same.
Thanking you, Hon’ble Sir.
Yours Sincerely,
(Z. M. Sekhose) (Benjamin Lorin)
President, TPO Gen. Secy., TPO
(Keku Zeliang) (Z. Vasa)
Vice President, TPO Vice President, TPO
