Konsakhul Area Joint Action Committee serves ultimatum to Government
Source: The Sangai Express / Newmai News Network
Imphal, January 22 2021:
The Konsakhul Area Joint Action Committee (KAJAC) has served a three-day ultimatum to the Government to bring "an amicable solution" to the construction site issue of National Sports University (NSU) with the firm warning "failing which the Government must take responsibilities of any untoward incident".
The KAJAC also said that they will "find any possible way to let the Government hear our voice" .
In a statement, KAJAC said they had served "a number of memoranda and ultimatums to the State and Cente, both during the Congress tenure and now BJP government, but they all fell on deaf ears" .
It added, "Such step-motherly treatments given to tribal people can no longer be tolerated anymore" .
Presenting the history of Konsakhul village, KAJAC said that the village "has been in existence since time immemorial and was recognized by the British administration under village no 147, sl No 140 of the Sadar Circle no 1 (West Area) listed under the Schedule of the Manipur State Hill Peoples (Admn) Regulation, 1947" .
It said that Konsakhul village is inhabited by Liangmai tribe recognized under the Constitution of India.
"They have occupied the scheduled land which is bounded in the East-Senjam Chirang; West-Samuk; North- Karakhun; South-Koutruk; without any break and without interference from any direction since the day of their forefathers," stated KAJAC.
It added that the villagers "are enjoying the products of the said land by way of cutting firewood, jhum cultivation, growing seasonal crops from time to time till date without any break" .
According to KAJAC, the ownership of land was established and upheld through the written record as listed under: (i) In the court of PMSD hill misc no 388 of 1920 -21, signed by C Gimson ICS, President Manipur State Darbar dated 06/12/1920 .
(ii) In the Court of hill Minister misc no 94 of 1947-48, signed by R Khathing BA, MBE, M-C Minister i/c hill administration dated 02/07/1948 .
(iii) In the court of SDC Sadar + Thoubal hills crime case no 121/S + The Hills of 1052, signed by Maisnam Nabakumar Singh sadar dated 08/11/1950 .
(iv) In the court of chief commissioner, Manipur CC hills cril appeal case no 5 of 1953, signed by RP Bhargava, chief commissioner, Manipur dated 07/08/1953 .
"Further, their land comes under scheduled I and is protected by Article 371(C) of the Constitution of India and its subsequent order dated 20th June 1972 issued by the then President V V Giri," the KAJAC added.
It then stated that the Manipur Land Revenue and Land Reforms Act 1960 is not extended in the hill areas including the said schedule land, which means, the villagers are the owner of the land and for which they are paying hill house tax to the State government.
"This position has been accepted by the High Court as reported in Usiet Khasia case (AIR 1958 Man 31) .
Also, ownership of the land situated in hill villages vest in the villagers, this position was accepted by the Gauhati High Court in Luitang Khullakpa case as reported in AIR 1961 Man 31 .
Introduction of the India Forest Act or the MLR & LR Act 1960, ipso facto, will not end to such right has been reported in AIR 1980 Gauhati, 1985 vol (1) SCC 479, AIR 1985 SC 389 .
It was held that the land belonging to SC/ST is protected and shall not be transferred to general categories", it also said.
"However, to the contrary and surprisingly, the Ministry of Youth and Sports Department, Government of India, along with the State Government, has initiated construction of National Sports University, Manipur at Konsakhul village and started leveling the land and committed mischief over the land of Konsakhul without the prior consent of the landowner and without payment of land compensation thereby violating the fundamental rights of the tribals living in the hill areas," the KAJAC alleged, adding, "Therefore, we appeal to the right thinking citizens to protect right of the tribals and to uphold the provisions guaranteed under the Constitution and the various decisions passed by the Supreme Court" .
"Therefore, we are left with no option but to find any possible ways to let the government hear our voice", it said, adding, "Therefore, the state government must bring an amicable solution within three days from the day of the publication of this news item, failing which the government must take responsibilities of any untoward incident" .
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