In Nagaland, nothing screams “compensation” like the news of two-lane road construction sending landowners into a frenzy of building cowboy-era-like huts overnight. Suddenly, barren land transforms into a ghost town of freshly constructed, uninhabited masterpieces. Oh, but of course, let’s not forget to wag our fingers at the poor villagers, those masterminds of “cheap tricks” who somehow manage to build ghost towns overnight to capitalize on impending compensation. Never mind that they know next to nothing about their land’s value or rights, or that their grand plan is to scrape together a few thousands in damaged compensation because, surprise, the people in power exploit them and refuse to pay fair land compensation as mandated by law. But sure, let’s blame the villagers for trying to survive in a system rigged against them. After all, it’s much easier to criticize their rickety huts than to hold the real culprits accountable.
Recently, I attended a Capacity Building Program at Gauhati, organized by Asian Centre for Human Rights, for Indigenous Advocates and Activists with a focus on Indigenous rights. We had a session on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act of 2013”), where we stressed its benefits and loopholes regarding implementation and it occurred to me that we are not taking any advantage from the comprehensive Act of 2013. The issue of land rights is gaining prominence in the northeastern states due to the surge of developmental projects in recent years. Historically, northeastern states in India have been neglected in terms of developmental activities. However, recent efforts have led to a significant increase in the construction of public institutions, roads, dams and other public infrastructure. While these factors have improved public sector life, it is crucial to recognize that development should not come at the expense of citizens’ lives, rights and wellbeing. There has been an increase in land compensation cases in the courts, stemming from the failure of appropriate authorities to adhere to the Act of 2013, as well as other state laws concerning land rights.
While other states face similar struggles, what distinguishes Nagaland is not just its rich heritage but also strong emotional ties people have with their land. Understanding these differences can shed light on how development can either respect or ruin the fabric of a community. It is perplexing to witness some influential leaders advocating against Article 371A without considering the potential negative impacts on our communities’ welfare and well-being. Article 371A should be carefully considered and preserved, as its removal could have significant implications for the protection of the rights and identities of our small tribal communities. The current state of insufficient amenities and dilapidated infrastructure should be attributed to the detrimental effects of corruption, unequal distribution of resources, and inefficient management of public funds rather than pointing fingers at landowners seeking land and damaged compensation, which is lawful and mandated by the law.
In Nagaland, the current practice of land acquisition mostly involves Village Councils or Civil Society Organizations, and landowners issuing No-Objection Certificates, in good faith and in public interest, for the construction of roads or other developmental activities by the government, either by donating the land free of cost or agreeing to claim only damages to property, and not land compensation. Influential figures in authority often threaten to withdraw the developmental activities if these terms are not accepted by landowners. In most cases, these agreements are made under the table without following due process of law, and due consultation with the aggrieved landowners or those who have a share in the ancestral land. Such cases in the High Court speak volumes. It should be noted that the Act of 2013 clearly differentiates between Land Compensation and payment of damage caused during land acquisition. In many instances, poor villagers, who are afraid to voice their concerns or lack means to seek redress, bear the brunt of the situation and are left to fend for themselves. Their voices often fade into the background amidst bureaucratic jargon.
Why do the poor have to suffer for the sake of development if their livelihood, basic rights are taken away without appropriate compensation and rehabilitation, as per the law? Especially, when the quality of work is pathetic. The law is clear and accommodating, not only in the context of Article 371A but also as per the Act of 2013, and other relevant Acts. The loss of these rights will ultimately lead to the displacement of our indigenous communities and the encroachment of our territories by affluent migrants, both from outside and within the tribal groups, as exemplified by the situations in Tripura and Manipur. Across various contexts, Adivasi groups in Jharkhand, Indigenous peoples in North America like the Lakota Sioux, and the Maori in New Zealand are all engaged in struggles for land rights, aiming to reclaim ancestral lands taken by governments; all of which involve legal battles, protests, and community mobilization.
Our State follows the Nagaland Land (Requisition and Acquisition) Act, 1965 regarding land acquisition and requisition by the Government. However, it is more limited in its provisions as compared to the Act of 2013, which provides a comprehensive framework for land acquisition and aims to ensure fair compensation and transparency. The Act 0f 2013 applies across India and is intended to protect the rights of affected landowners and promote rehabilitation and resettlement. It sets specific guidelines for calculating compensation based on the market value of the land, plus a solatium of 100% of the market value. In contrast, the state’s Act lacks detailed guidelines and criteria for determining compensation levels, and a sufficient framework addressing the needs and well-being of affected populations post acquisition. Proper implementation of the Act of 2013 is vital to ensure that those affected receive comprehensive compensation that reflects the true value of their losses.
Recently, the Hon’ble Gauhati High Court (Kohima Bench) passed a judgment on the issue of the Implementation of the Right to Fair Compensation and Transparency in Land Acquisition, rehabilitation and Resettlement Act, 2013 in WP(C) No.50/2022 and WP(C) No. 216/2021. These two Writ Petitions were filed under Article 226 of the Constitution of India raising the question as to whether the Act of 2013 is applicable in the State of Nagaland. In these cases, the Hon’ble Court held: “…The Land Acquisition Act of 1894 was applicable in Kohima and Mokokchung districts before 1st December, 1963. Section 11(2) of the Act of 1965 stipulates that compensation has to be determined under section 11(1) of that Act. The manner of inquiry and award by the Collector as stipulated in Section 11 of the Act of 1894 has become a part of the Act of 1965. Since the Act of 1965 has been replaced by the Act of 2013, in Land Acquisition matters, in Nagaland, the land owners from whom land is acquired for construction of public properties, they have to be given just and fair compensation. There is no doubt that the concerned roads are National Highways and the National Highways & Infrastructure Development Cooperation Limited is building those roads. The National Highways Act, 1956 under which the said authority is executing projects for construction of National Highways, also speaks about payment of compensation. Therefore, the lands owners have to be given just and fair compensation according to law. In spite of any existing agreement, the State is bound to give just and fair compensation. Ours is a welfare State. State is bound to do all acts which are beneficial to the citizens. Our Constitution does not allow the State to execute works which may be detrimental for the citizens. The petitioners are entitled to just and fair compensation. The Respondents are directed to take steps so that the land owners, whose lands have been acquired for construction of the roads, would get just and fair compensation.”
While development is undoubtedly necessary, it should not come at the expense of our communities, who are already facing significant hardships. Failure to implement appropriate policies for compensation, rehabilitation and resettlement of our vulnerable populations will only exacerbate the issue and further erode our fundamental rights, particularly our land rights, which serve as a crucial component of our identity. As we reflect on the need for careful navigation between progress and preservation, it is vital for the public and policymakers alike to advocate for fair practices in land acquisition. The plight of Nagaland’s landowners deserves attention, understanding, and action from all corners of society. The fight for land rights is not just a legal issue; it is a matter of preserving the dignity, culture, and existence of vulnerable communities who have been disproportionately affected by developmental activities without following due process of law or assurance of quality work. Next time you hear about development projects, empower villagers by educating them about their land rights, and hold the real culprits accountable, rather than placing blame on those merely trying to survive in an inequitable system.
K. Arkha Achumi,
Advocate,
Old Ministers’ Hill, Kohima
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