DIMAPUR, JUNE 4 (MExN): The Tenyimi People’ Organization (TPO) today issued a memorandum to the Chief Secretary of Nagaland with regard to the judgment dated March 23, 2012 in relation to the case between Inavi village vs. State of Nagaland and others.
The memorandum has taken note of what it termed as “sheer absence of any opposition by the state of Nagaland, leading to the observation of Hon’ble Supreme Court of India that if representation is made by the encroachers of Intangki National Park, the state shall consider their prayers for their rehabilitation and relocation as per law”.
The TPO stated that it was “utterly shocked and pained to see the rewarding order in favour of the blatant criminal encroachers for their encroachment on public property; such as the Intangki National Park and Intangki Wildlife Sanctuary”.
Describing it as an erroneous decision by the Supreme Court of India, the TPO stated that it reflected the “sheer negligence of the state and demonstrates the state’s lack of willingness to defend reasonable justice, inept handling of the case, including violating and taking a departure from the original legal position of the state and prevailing judicial orders, and questionable legal submissions coupled with failure to place material facts apparent on the face of record”.
According to the TPO, it was “startlingly conceded by the State, without even a hint of insinuation by the Hon’ble Supreme Court that the state shall not enforce the order of the High Court for the recovery of the compensation from the petitioner, whereby the said submission was accepted by the Hon’ble Court accordingly”.
The TPO questioned as to whether the said “assertions for waiving off the Gauhati High Court’s order have the sanction of the concerned State Authority and if so, what prompted the State to allow such contradictory concessions after all the hardships and efforts put in by the state machinery against the illegal schemes and delay tactics adopted by these illegal encroachers to frustrate the state and the judicial process”.
The memorandum to the Nagaland government also described as “incomprehensible that the State could not raise any objection or clarification to the misleading statements made on behalf of the encroachers that they are without any shelter for which they intended to make a representation to the state government for their rehabilitation/ relocation”.
“In the absence of any opposition, the said contentions was accepted by the Supreme Court, leading to the observation that if the encroachers make any representation to the state, the state shall consider the prayers of the encroachers for their rehabilitation and relocation”, the TPO stated.
According to the TPO, the state was fully aware that the encroachers are not homeless or without a shelter as falsely pleaded before the Supreme Court rather all indigenous tribals of the state have their own property or place of dwelling in their own respective villages and districts in the case of the present Petitioner/villager, they ordinarily are resident of Pughoboto Sub-division, Zunheboto District or other districts as admitted in their own pleadings.
The TPO also claimed that the encroachers have gained over 800 crore of rupees from their illegal timber operation in virgin forest at the Intangki National Park. The memorandum added that giving “free alternative land for ejectment of the encroacher, at the taxpayers’ cost, in the present context of illegally encroached public/forest land, is a proposal which will attract more land-grabbers or encroachers in the future”. “Rewarding an encroacher on government or public property such as the Intangki National Park with a free alternative site is like giving a reward to a pickpocket for their misdeed”.
The government was reminded that “giving opportunities and rewards to criminals who illegally encroached public land in contravention of all the provisions and thereby encouraging more opportunity for recurrence of future encroachments instead of preventing it”.
The state government has been put on notice that in the event of its failure to take prompt and proper legal action within a reasonable time, it shall be taken as a clear proof that the state no longer has any interest in the Intangki National Park and Intangki Wildlife Sanctuary and the TPO and the traditional land donor shall be compelled to resort to its own course of action. The memorandum to the Chief Secretary was isnged by Keku Zeliang, President TPO, Benjamin Lorin, General Secretary TPO and Rangsam N. Hau, Joint Secretary Zeliangrong Baudi.
