Move to protect land, resources

Our Correspondent
Kohima | July 24

Nagaland Chief Minister Neiphiu Rio today introduced a government resolution seeking that no Act of Parliament in respect of ownership and transfer of land and its resources including minerals, petroleum and natural gas shall apply to the state of Nagaland and that the state shall make appropriate modalities to apply and enforce in the state. 

Moving the resolution for consideration this morning, the chief minister pointed out that in the context of Nagaland the ownership of land and its resources lies with the Naga people. He said the state of Nagaland representing the people shall have jurisdiction in regulation and development over minerals including petroleum and natural gas in terms of use and shall have the control on the matter of exploration and development in the state. This will include acquisition of mineral bearing areas, fixation of land compensation rates, landowners’ shares in the benefits or royalty arising out of extraction of the minerals.  In view of the requirement of getting the mandate of the people through a resolution in the Assembly, it was resolved that fresh modalities will be framed by the state on petroleum and natural gas exploration and development.

Presenting a statement on the resolution, Rio said the government had a nine-member State Cabinet Sub-Committee on Exploration and Mining of Petroleum and Natural Gas in the state on October 12, 2009. It was tasked to undertake a detailed examination relating to the issue of exploration and mining of petroleum and natural gas in the state.

The committee, after careful examination of the issues, had recommended that corrective measures have to be adopted with regard to the ownership and transfer of land and its resources as provided under Article 371(A) of the Constitution of India, he said. 

Recalling the history of petroleum exploration in Nagaland that was subsequently suspended by the Nagaland government, Neiphiu Rio also reminded that the Government of India, under the New Exploration License Policy (NELP) of 2002, had demarcated seven oil blocks in Nagaland for international bidding. Some oil blocks were also awarded to the consortium of ONGC in 2006 without consulting the state government. This, Rio said, was in contravention of the provision of Article 371(A). The Nagaland government therefore took a decision to completely suspend all exploration and development activities of petroleum and natural gas including seismic surveys covering all the oil blocks in Nagaland in 2009 to frame fresh modalities.


He viewed that over the years, due to oversight and unknowingly, it was noticed that the state has not been able to fully take advantage of the special provisions granted to the state under Article 371(A) and consequently, the special status was being eroded. 

Citing these factors, Neiphiu Rio said the report was examined and deliberated at length by the Committee to Scrutinize and Parliamentary Laws for Application to Nagaland constituted under Rule 221-A(1) of the Rules of Procedure and Conduct of Business in the Nagaland Legislative Assembly yesterday and unanimously approved the recommendation of the Cabinet Sub-Committee. 

“Therefore, it is now necessary that the state assert itself and take advantage of the special provisions contained therein by passing the Resolution”, he added.