W Y Kithan
Former President, LLRPO, Wokha
The result of the lengthy deliberations and wide public consultations with the Tribal Apex Bodies and land owners representatives led to adoption of a resolution by the then Nagaland Legislative Assembly on 26th of July 2010 by which the applicability of the parliament Act ORDA 1948 (Oil Regulatory & Develop Act) was made null and void. Thereafter and subsequently, the CSC (Cabinet Sub-Committee) framed the Nagaland Petroleum and natural gas Regulations and rules, 2012 that was approved by the Cabinet and further adopted in the 11th NLA prior to the State election in February 2013.
In essence and in short, the State Government of Nagaland has taken over within its power to regulate and develop through NPNG Rules and Regulation 2012, what was earlier carried out by the Union Government of India under the ORD Act of 1948.
As an effect of the above, all Petroleum Exploration Licenses (PEL) and Petroleum Mining Licenses (PML) granted by the State of Nagaland to ONGC Ltd. Under the recommendation of the MOP & NC now stand cancelled. The sensitivity and political dimensions of the NPNG Rules and Regulations 2012 under Article 371A kept apart, the State Government firmly believe that they acted in the best interest of the rights of the Nagas as provided under the Article 371A of the Constitution of India.
In a reply to a unstarred Question No. 2423, on 10th of March, 2011, in the Lok Sabha, by Dr Mahesh Joshi, MP the MOS in the MOP &NG has given his statement based on the opinion of the Ministry of Law & Justice (Government of India) that Nagaland would have the power to frame its own laws regarding ownership and transfer of land and its natural and mineral resources including mineral oil under the Article 371A.
However, in a communication made by the Union Minister of MOP & NG to Chief Minister of Nagaland requesting the State Government to rescind the State Rules and Regulations passed by the NLA and reverting back to earlier oil policies, the matter has now come to a situation which will need greater political maneuverability and wisdom. This will lead to certain amount of loss of goodwill between the Central and State Government relationship, keeping in mind that Nagaland State is uniquely placed under the Constitution of India.
The NPNG Rules and Regulations 2012, brings forth such an opportunity for the first time in its political history of Nagaland since the birth of the State and instead of rejecting it, the Government of India should rather introspect how it can deliver the ultimate objectives to benefit not only the Nagas but the Nation at large, given the present economic situation in the country in general and more particularly, in the context of the energy security of the great nation of India.
In one way, would be, from the Union Government’s point of view is to accept the NPNG Rules and Regulations, 2012 as an evolved political maturity of the Nagas under the Constitutional safe guards provided by the Constitution of India and therefore extend fullest support and co-operation from the Union Government of India.
No Oil exploration under unamended NP & NG Rules and Regulations 2012, once again by Lotha Hoho (LH) Nagaland Post, dated on 28/09/21 affirmed that the Lotha people would not allow Oil exploration or extraction or Natural Gas within its jurisdiction if carried out under the unamended Rules and Regulation (NPNG) 2012. Since (MOU) was already signed between the State Government and the Lotha HOHO on 20.11.2018, the State Government of Nagaland is urged upon to carry out necessary amendment of NPNG Rules and Regulations 2012, keeping in mind the ultimate objectives to benefit not only the Naga land owners but the Nagaland State as a whole, given the present economic situation in the State in general and more importantly, in the context of the maximum Revenue generation of the State, if the amendment was not done as yet.
The Oil and Natural Gas Corporation Ltd. (ONGC) was stopped both its oil and gas exploration and production in Nagaland since May, 1994. The oil well area covers approximately 22 Sq. K.M. spreading over to the North and Western part of Changpang and Tasori Villages. However, since 1994, as ONGC abandoned all oil business, these Oil wells have been left unattended leading to the leakage of Crude Oil that flowed into the village fields, ponds and Rivers. Crude Oil being highly inflammable, it has put the lives of the people at high risk and the villagers could not cultivate their land for fear fire accident causing economically untold miseries and extreme poverty to the villagers. Under the present economy miserable conditions villagers could not send their children to schools, and the serious patients could not take it to the Hospitals because of extreme poverty conditions. The two villagers have been suffering from extreme poverty conditions for the last 27 years since 1994.
Under the present economic conditions, I urged upon the State Government of Nagaland, Union Government of Great India and the Oil and Natural Gas Companies to resume its Oil and Natural Gas business in Nagaland in general and the Changpang and Old Tssori Wokha District in particular.
