TODAY -

Pitfalls on land acquisition for Mapithel Dam project

Jajo Themson *

Protest against Mapithel Dam by Chadong villagers  with various civil societies :: 20 June 2015
Protest against Mapithel Dam by Chadong villagers on 20 June 2015 :: Pix - Ibomcha Yumnam



Introduction: Land acquisition is a cardinal aspectin the process of any developmental activities like urbanization, industrial set up, infrastructural works like Railway &Highways constructions, building of dams and hydropower plants etc. Acquisition of land is an area that intertwines with various tussles especially of legality that induces potential threats to the rights of the land owners.

This matter seems to be a hidden portionin most cases of land, forest, rivers and other assets acquisition for big projects in India, which in fact implicates much as far as legitimacy is concerned.By convention, neither project work implementation nor other activities precedeland acquisition process.

Until the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into enforced since 1 January 2014, acquisition of land were normally governed by the Land Acquisition Act, (LAA) 1894all over India except Jammu & Kashmir.

The LAA, 1894, an aggressive law was introduced by the British Colonial Rule in India in order to serve their colonial interest. Howeveron the other side, it was provided that this Act cannot be applied in the scheduled areas as special protection given to the tribal communities under the Article 371 (C) of the Indian constitution.

In some cases, Cash compensations are paid in lieu of land being acquired and in some cases, alternative land areas are arranged proportionate to the required land area under land for land deed.

Most of the acquisitions of land in the state of Manipur are done in a peculiar way that usually associates with lot of infirmitiesas far as legal perspective is concerned.

This article intends to a discourse of the pitfalls on land acquisition forthe Mapithel dam of Thoubal Multipurpose Project with a view to elucidatethe nature of one hidden danger that is compressed upon the affected land owners and community people at large due to land acquisition. It is hoped that readers will notmisconstrue this write up but envisage in the optimistic angle.

Direct purchase of land

In the process of land acquisition for Mapithel dam of Thoubal Multipurpose Project, neither the LAA, 1894 was applied nor provisions of tribal customary land laws are maintainedand allegiance to the provisions under Article 371 (C) of the Indian constitution.

Land, forest, river and resources belonging to the tribal villages in Ukhrul and Senapati district were acquiredunder “Direct Purchasedeed”for this project way back in 1990’s.

It is pertinent that this mode of direct purchase or transfer of landagainst the existing laws is almost left oblivion like in many other projects in Manipur where flagrant violation of series Govt. orders, protective Land Laws, Legislations, Court’s Orders & Judgments have been perpetrated time and again in the pretext of national or state welfare. This literally contravened the protective laws of nation which were enacted in the interest of the backward scheduled tribe areas.

1993 Pact and Sale Deed

None can deny that no tribal villages in the Mapithel Valley thought of, planned or had willingness to transfer their land, forest and river being their most precious asset they were handed down through their forefathers.Besides their unwillingness, they were prohibited undertribal customary land laws and Indian protective laws that do not allow transfer of theirland to non tribe or non-local people. Even selling or buying of land in the inter-villages is also not permitted as per their customary land laws.

While the original land owners were bounded by the abovementioned laws, the arbitrary push of Mapithel dam project brought a compellingcircumstancewhen it was conceived in 1980’s. The affected villagers raised strong protest culminating to even violent actions.

Consequent upon to that, state Govt. opened a door for negotiation in early 90’s which ultimately led to signing of the Memorandum of Agreed Terms and Conditions (MoATC) on 19/06/1993 between the affected villages and the state Govt. of Manipur for purchase/transfer of land.

This was followed by entering a pact of sale deed in March 1996 in the mode of Direct Purchase Deed. Furthermore, the very saledeed has underlying implications of land and forest being transferred directly or indirectly includes forest reservation/protection under Catchment Area Treatment (CAT) plan and the areas where the Compensatory Afforestation (CA) are being maintained even though the accord of 1993 and the sale deed did not cover them.

Now the arising impediments are,the question of legality on purchase/transfer of land pertaining to scheduled tribe areas and the conditions contained in the sale deed at one side and literal implications of land areas beingpurchased from whom under what lawprovision,constituteyet another aspect of underlying infractions in the said deed.

As per the terms of the sale deed between the Executive Engineer, Thoubal Project Division No.1, IFC Department, Manipur representing the Govt. of Manipur dated 8/3/1996, absolute ownership of the land given in the accord schedules were dully identified/ verified bythe DC, Ukhrul/his authorized representative and the concerned Headman/Chief.

The manner of ascertaining land owner in the Mapithel valley happened to be a kind of mysteryto public as no definite legally permissible laws could be ruled out. As far as onecan understand, there are no land records or related documents to prove the real land ownership. This even invokes another question of irrationality of the said land agreement.

Conclusion: A close observation on the land acquisition for the Mapithel dam project in the light of the above discussion, it is undeniable that the project is associated with legal infirmities. It neitheradhere to the LAA, 1894 nor the traditional land laws of the tribal communities.

Moreover, the direct purchase/transfer of land without definite laws, virtually contravened the provisions of the Art, 371 (C) of the Indian constitution. Then themain concern here is,where and how is the state Govt. rectifying the pertinent legal issues on land acquisition like the case of Mapithel dam projectwhere such serious violations are mostly concealedwhich in fact makesa suicidal and detrimentalfactor to the very existence of the tribal communities which magnifiedtheir vulnerability.

Finally, it is worth asserting that, it is high time on the part of the project developers to take up corrective measures over the past and current acts of illegality on land acquisition process for implementing developmental programsso that supremacy of laws and development justice can be prevailed in the state in the future.


* Jajo Themson wrote this article for The Sangai Express
The writer can be contacted at thmsontezonge(AT)gmail(DOT)com
This article was posted on 29 June , 2018 .


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Meiteis must unite for survival
  • Violence in Manipur 2023-2024 : Timeline
  • Flood advisories issued
  • State & District Control Rooms
  • Green Hydrogen for a clean environment
  • Need for an Emergency
  • Monsoons beauty
  • Calling out the indifference of Delhi
  • Questioning the silence with a roar
  • Birth Centenary of Jananeta Irabat, 1996 : #8
  • Problem & prospect of floriculture in Manipur
  • WomenLeaders India Fellowship 2024-25
  • Naga Peace Talks and Narasimha Rao
  • Arunachal Minister visits Oil Palm @Godavari
  • Clear cut stand from the Nagas
  • Crisis resolution in 100-day plan ?
  • Great June Uprising @Kekrupat #2 : Gallery
  • Manipur: A battleground of imperial geopolitics
  • Wangkhem Suresh @ Higher Defence Course
  • Shoppers Stop's 1st Store in Dimapur
  • Stop razing rail station, divert 25k Cr to Signal
  • Has Imphal completely lost the plot ?
  • Time to take responsibility
  • Tarpon chaklen katpa @ Andro #3 : Gallery
  • July Calendar for Year 2024 : Tools
  • Letter to Prime Minister of India
  • International Day of Parliamentarism
  • Skill Development Course at Lumshnong
  • The Power of Poppy - 37 :: Poem
  • Radio E-pao: Manipuri Film OST (130+ song)
  • Manipur Kanba Khongchat #1 : Gallery
  • Multiple Openings @ JCRE Solutions
  • Our mass addiction to predicting future
  • Bonsai - A play with another aspect : Review
  • Timely diagnosis to stop misuse of medicines
  • Impactful tool- Instagram marketing strategy
  • Essence of the June 28 rally
  • Birds of the same feather
  • Scientist of Manipur: Satyendra Thoudam
  • Education and the fate of Manipur
  • Centre not mind talking to Kitovi or Alezo
  • "ST status for Meetei" at Nambol
  • Why Bangladesh urge military diplomacy
  • MoU : Assam Don Bosco Univ with Cambridge
  • Understanding beyond the coup
  • Donning the role of LoP
  • Rally @ Jiribam [June 26] : Gallery
  • Umananda Island- World smallest river island
  • Breaking the impasse
  • Fantasies of a sinister childhood
  • Program: developing women entrepreneurship
  • Microlearning is impacting talent acquisition
  • Looking for the way forward
  • The message
  • Moirangthem Robi - Mr Universe India 2022
  • Parthenium Menace in Indo-Myanmar : Book
  • Respect & recognise domestic worker
  • "ST status for Meetei" at Hiyanglam
  • One test not for India
  • Include tomatoes in your skincare routine
  • Raising ST call a notch or two higher
  • United in grief, but...
  • Panthoibi Phijol Hongba @Mandalay : Gallery
  • Open Letter to Hon'ble CM of Manipur
  • Slavery in the machine world
  • 'Either Rio regime delivers or it fails'
  • No need for NEET or NET
  • Walkathon to promote health at Guwahati
  • Paradox of arming & disarming citizens
  • Meaningless statements
  • Birth Centenary of Jananeta Irabat, 1996 : #7
  • You are king of web, then slave
  • A Groundbreaking HIV Prevention Option
  • Board of Studies at Assam Don Bosco
  • Public Services as a career choice
  • Manipur violence and state
  • Last minute cancellation
  • Descent of Radha-Krishna #36: Download
  • Saraighat Bridge - An Expedition
  • Meeting with MP Dr Bimol Akoijam
  • Manipur: 11 medal (5 gold) @ Natl Taekwondo
  • Socialization and the Two "Meads"
  • The Power of Poppy - 36 :: Poem
  • Scientist of Manipur: Raghumani Ningthoujam
  • Chilli Chicken Delivers a Flavorful Punch
  • International Day of Yoga 2024
  • Antimicrobial Resistance: Top 10 health threat
  • Indo-Naga Talks (From 2012) :: Timeline
  • Taste vs Health
  • Fiasco of UGC-NET, NEET 2024
  • From NEET to NET: It's time to fix NTA
  • Great June Uprising @Kekrupat #1 : Gallery
  • Ema Panthoibi Phijol Hongba at Mandalay
  • Proposed Palm Plantation behind Jiri violence?
  • 'Why Impose War on Us'
  • Why workers most affected by scorching heat?
  • Coup of 2021 not the only push factor
  • Last chance not to fall from grace
  • Ibudhou Cheng Hongba #1 : Gallery
  • Kind attention 'Your Lordship' CJ of India
  • 'Opposition-less Govt in Nagaland is rhetoric'
  • Xorai - Assam's cultural symbol
  • Natural ways to lighten dark underarms
  • Is Delhi doing the right thing ?
  • Set the priorities right
  • Ima Keithel flood- May 30 #3 : Gallery
  • Modi's arduous journey & fate of Naga peace
  • Autism: Why fit in, when you can stand out?
  • Bloodstained Masquerade :: Poem
  • Dharamvir Singh: Forgotten hero of TV
  • What is keeping the clash going on ?
  • Warning of a coming politico-military storm
  • Birth Centenary of Jananeta Irabat, 1996 : #6
  • The Great June 18 Uprising : Timeline
  • The Great June 18 Uprising : Gallery
  • Are we on track to end AIDS by 2030 ?
  • 3 writers from Manipur for Sahitya Akademi
  • Manipur's traffic, parking: A big nuisance
  • Career in elderly care
  • Keeping the folks under a state of confusion
  • Nothing neat about NEET
  • Aid to relief camps @ Jiribam : Gallery
  • Id Festival- 'Id-Ul-Azha' :: Book
  • World Day to Combat Desertification 2024
  • NDPP did not lose LS due to local problem
  • RSS chief says, priority Manipur
  • What if not IIT ?
  • Waiting for a response from the PM
  • The test of leadership failed
  • Descent of Radha-Krishna #35: Download
  • Gastronomy tourism in Manipur : Gallery
  • Triathlon : Manipur bag 6 medals (3 gold)
  • Illegal immigrants/fugitives from Myanmar
  • Eid-ul-Adha: Embracing sacrifice
  • A solution to Meitei-Kuki-Zo conflict
  • The Power of Poppy - 35 :: Poem
  • Scientist of Manipur: R K Brojen Singh
  • Brief sketch on General Balaram Sougaijamba
  • Non-violent for peaceful, mutual co-existence
  • Homeless person ..alcoholism & defeated TB
  • Cancer on rise among young adults
  • Defending, fighting for Idea of Manipur
  • From partiality to complicity
  • Bike Rally - Sekmai to Kangla : Gallery
  • 'Modi must announce finality of Naga pacts'
  • Gliding over Brahmaputra
  • Question leaks cause stress among student
  • Home remedies for prickly heat
  • After IIT, AIIMS it is now IIM
  • Stealing spotlight from Manipur crisis
  • Tarpon chaklen katpa @ Andro #2 : Gallery
  • Strongly condemns violence in Jiribam
  • Lessons from outcome of LS election
  • Tumcho releases "Goodness of God"
  • Right diagnostic for antimicrobial resistance
  • 12th June is World Day against Child Labour
  • Hands of geo-politics ?
  • The row over NEET-2014
  • 2nd Annual Art Exhibition #1 : Gallery
  • Chilli Chicken: Film Spotlighting NE in B'lore
  • Committee of Narcotics Anonymous - Imphal
  • The Power of Meditation
  • Oceans as a career choice
  • Getting more and more audacious
  • A test of leadership
  • Education Fair @Imphal #2 : Gallery
  • Gifting two seats to Cong
  • Voters empowered democracy
  • Postcards from Meghalaya premieres
  • Milk : Essential nutrient for a healthy body
  • Failing in competitive exam not end of world
  • Delhi : A mere spectator
  • Abandoning Jiribam
  • Birth Centenary of Jananeta Irabat, 1996 : #5
  • Ima Keithel flood- May 30 #2 : Gallery
  • Mainstream in Shoes of Alternative
  • Protect the medicines that protect us
  • Lets take action for our land & our future
  • Democracy and independent media
  • Agenda at work to shut Western Gate
  • Keeping Manipur on the boil
  • Descent of Radha-Krishna #34: Download
  • The Enigmatic Journey of 'Laikhutshangbi'
  • Individual and the Social
  • An Ardent Appeal to All Concerns
  • Condemnation of Attack & Govt Inaction
  • The Power of Poppy - 34 :: Poem
  • Scientist of Manipur: Laishram Shanta
  • Alien fishes spotted in Manipur's rivers
  • Training on mushroom at Langthabal
  • Digital avatars or deepfakes ?
  • 7th June is the World Food Safety Day
  • How to prepare for UPSC after 10th ?
  • The Jiri violence
  • Beginning of a new vote culture ?
  • Bimol Akoijam (Cong) wins Inner PC : Gallery
  • BJP, NPF & other NDA pay heavy price
  • Nature is one of greatest blessings of God
  • Plantation drive in Tripura, Assam & Manipur
  • Summer beauty
  • Environment conservation & over-exploitation
  • Is Modi cut out for leading a coalition ?
  • 'Ishanou' Selection @ Cannes #2: Gallery
  • Scholarship for Johnstone Hr Sec students
  • 1st foundation day of Interfaith Forum
  • World Environment Day: Our land, our future
  • Indonesia stronger anti-tobacco measures
  • Navigating a fragile Myanmar: India's policy
  • New breed entering electoral politics
  • The road to formation of new govt
  • International Dance Day #1 : Gallery
  • Birth Centenary of Jananeta Irabat, 1996 : #4
  • Imphal valley districts flooded #3 : Gallery
  • Ima Keithel flood- May 30 #1 : Gallery
  • Imphal valley districts flooded #2 : Gallery
  • Flooded : Sacrifice of Yairipok's Maiden
  • Imphal valley districts flooded #1 : Gallery
  • Beating of the Retreat #2 : Gallery
  • Licypriya meets Italy PM & Pope Francis
  • HSLC (Class X) 2024 : Full Result
  • HSLC 2024 : Important Info & Grading System
  • HSLC 2024 : Pass % : Private Schools
  • HSLC 2024 : Pass % : Aided Schools
  • HSLC 2024 : Pass % : Govt Schools
  • HSLC 2024 : Statistical Abstract
  • HSLC 2024 : Comparative Statement
  • Children Camp @JNMDA Imphal #3 : Gallery
  • Scientist of Manipur: Jayanta Manoharmayum
  • Scientist of Manipur: Amom Ruhikanta
  • Preserving Thang-Ta :: Rare Photos
  • Malemnganbi Laishram : Science Topper
  • Featured Front Page Photo 2024 #2: Gallery
  • Thokchom Sheityajit : Arts Topper
  • Aiena Naorem : Commerce Topper
  • Hr Secondary Exam 2024 : Science Topper
  • HSE 2024 : Subject Pass Percentage
  • HSE 2024 : District Pass Percentage
  • HSE 2024 : Candidates with Highest Marks
  • Hr Secondary Exam 2024: Science Full Result
  • Hr Secondary Exam 2024: Arts Full Result
  • Hr Secondary Exam 2024: Commerce Result
  • Hr Secondary Exam 2024 : Arts Topper
  • Hr Secondary Exam 2024 : Commerce Topper
  • Aftermath of ferocious hailstorm #1 : Gallery
  • Nupi Landa Thaunaphabishing : Full Book
  • A ferocious hailstorm @Imphal : Gallery
  • '365 Days of Chin-Kuki Aggression' : Gallery
  • Scientists of Manipur : Ngangkham Nimai
  • GHOST of PEACE :: Download Booklet
  • List of Kings of Manipur: 33 - 1984 AD