• Says that, ‘Due consideration given to customary practices, rights of owner in P&NG 2012’
• Proclaims it challenges the constitutional authority of NLA under Article 371 (A)
DIMAPUR, JUNE 25 (MExN): Political leaders from the Lotha community, who were legislators of the 11th Nagaland Legislative Assembly (NLA) 2008-13 tenure, on Saturday asserted that “due consideration have been given to customary practices and the rights of landowners” in the Nagaland Petroleum & Natural Gas (P&NG) Regulations 2012 & the Nagaland P&NG Rules 2012.
The politicos, namely incumbent Home Minister Y Patton, former Minister, Dr. Chumben Murry, former Deputy Speaker, Ralanthung Yanthan and former Parliamentary Secretary, Er. W. Kithan had reportedly initiated the revival for exploration and extraction of oil in Wokha district during 2008.
In a press release, the political leaders cited excerpts from P&NG rules and regulation to claim how diligently it explicated Article 371 (A) and sought all possible ways to “protect Naga Customary Law and the rights of the landowners and importantly an inclusive approach involving tribal hohos.”
Their response comes in the backdrop of Lotha Hoho filing a PIL in the court on the Nagaland P&NG, for which matter, the issue is sub judice and as clarification on some news items “invariably creating confusion in the minds of the public both within and outside the Lotha community.”
They cited a number of points and clauses in the P&NG 2012 rules and regulations, which it maintained, are enough indicators that “all due consideration have been given for the protection of Naga customary law; delegation of authority to tribal hohos and village councils and the rights and benefits of the landowners.”
It went on to state that the landowners stand to have multiple benefits viz. from the revenue share, the land access fee, employment and from corporate social actions and also not forgetting by reversion of the land to the respective owners on completion of operations.
The political leaders also maintained that, “It is high time truth goes into our minds and understand without confusion that, notwithstanding anything laid in the Constitution of India, Article 371 (A), only seek to empower the Nagaland Legislative Assembly- to resolve on whether or not to accept any acts of parliament in respect of religious and social practices of Nagas; Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, ownership and transfer of land and its resources.”
With regard to P&NG, it explained that Indian Petroleum Act 1934 and the Indian Petroleum Rules 1976 should not be applicable to the State of Nagaland if Nagaland State Assembly resolves not to, adding “Otherwise, our State will continue to be bound by the same Indian Act & Rules on P&NG.”
It therefore asserted that framing of Nagaland P&NG Regulations and Rules 2012 was therefore in the right direction and constitutional.
In this connection, the political leaders has urged the Lotha Hoho to withdraw the PIL on P&NG while asserting that it is “tantamount to challenging the constitutional authority of Nagaland Legislative Assembly as provided under Article 371 (A) and also not to mislead people with wrong information.”
Meanwhile, reacting to the statement made by Lotha Hoho in their response to the appeal made by NGBF that, “six memorandums and appeals, including that of Lotha legislators was submitted to the government in 2008 and that response was being awaited,” the political leaders clarified that it had not submitted any memorandum as implied. The press release also alleged that the present PIL is not a conscious decision of Lotha tribe but a “decision of a handful of people from the tribe.” Importantly, it (the PIL) also does not have the will of the landowners of the district at stake.
