Chozuba, February 15 (MExN): The Phek District Maytas-Gayatri Damaged Victim Association (PDMGDVA) today demanded that State Government the release sanctioned amount to the entitled beneficiaries “without any delay and without waiting for resolving their differences on the recovery of the sanctioned amount”
This, as per the Association, was the judgment order passed by the Gauhati High Court, Kohima Bench on February 7 while hearing a “fresh and similar” Public Interest Litigation (PIL) concerning the landowners affected by the construction of Zunheboto-Chakabama road.
The Division Bench, while disposing the PIL, observed that “that the question of recovery is between the State Government and MoRTH and the same cannot be an impediment for disbursement of the assessed compensation amount to the land owners concerned…”
Accordingly, it directed the State Government as well as MoRTH to “process the matter of according sanction and payment” to landowners without any delay or waiting for resolving their differences on the recovery of the sanctioned amount.
Accordingly, PDMGDVA demanded release of payment to the landowners and cautioned that it might “forced to resort to taking drastic measures of protest and action deemed fit” after learning about “who is actually who and what is actually what”
In a press release, the Association Convener Pushovoyi Nyekha and General Secretary Kuvesa Medeo charged the State Government of “step motherly treatment” and repeatedly playing around with the HC Kohima Bench’s Contempt Order pertaining to PIL filed by Chakhesang Public Organization (CPO) in 2019.
As the State Government failed to comply with the HC’s Judgment and Order of January 30, 2023, to release the compensation within 6 months (or by July 30, 2023), the contempt petition was filed.
As per the Association, after the first contempt order was issued on October 3, 2023, the Union Ministry of Road Transport & Highways (MoRTH accorded sanction of Rs. 60, 94,36,685 on October 27.
However, the State Government failed to give due clearance up to November end despite receiving the sanction order and inviting another order from the Court on December 7, 2023 directing the MORTH and the State Government to resolve the issues on or before the next date of hearing and submit affidavits, it said.
In the meantime, the Association alleged that “on some pretext,” the State Government had written three letters to the Ministry – one by Commissioner & Secretary, Works and Housing on November 11, 2023 and the others by Chief Secretary on December 21, 2023, and the Deputy Chief Minister TR Zeliang on January 12, 2024.
However, disregarding the first two letters, the MoRTH wrote to its Regional Office, Guwahati on December 27, 2023 to immediately release the sanctioned amount as decided by the Court immediately and file an affidavit, it maintained.
A copy of this letter was served to the Commissioner & Secretary, Works and Housing “with a request to cooperate with RO Guwahati in early release of payment,” it added.
Accordingly, RO Guwahati released the first Cheque of Rs 41 crore to the account of the Deputy Commissioner Phek on January 5, the PDMGDVA informed.
Disregarding the Deputy CM’s letter, the RO Guwahati also released the second Cheque of Rs 19,94,36,685 to DC Phek on January 12, it said.
Subsequently, DC Phek on January 31 wrote to higher authority seeking necessary clearance for payment of compensation.
Meanwhile, on January 23, the HC Kohima Bench granted the MoRTH and State Government “one more last chance to resolve the issue and disburse the amount of compensation.”
If the issue is not resolved by next date of hearing fixed on February 29, the Court will be constrained to pass necessary orders to disburse the compensation to the affected land owner, the order read.
The PDMGDVA further alleged that the “so called clarification required by the State Government from the MoRTH” has no legal basis.
It is plainly is a “self-creation of just one or two otherwise responsible office holders in the State,” it maintained, based on a RTI reply.
The Association also charged the Deputy CM of “blatant lie” in his press statement on November 27, 2023 where he claimed that the file on compensation “never reached” the Deputy CM office.
According to the PDMGDVA, on November 3, the Commissioner & Secretary, Works & Housing placed the file for perusal of Deputy CM and again on November 23, in the same file he recommended for replying to Secretary MoRTH at the earliest and disbursed to the beneficiaries in the meantime.
However, when the matter regarding release of payment was put up to him on November 28, the Deputy CM immediately took a u-turn and called for first seeking legal opinion, the Association alleged.
Subsequently, on December 4, the Additional Advocate General (AAG) of Nagaland provided a legal opinion, asserting that the conditions outlined in the MoRTH sanction order were in "gross violation" of the January 1, 2023, Court’s ruling, which did not contain any directives or observations regarding the recovery of agency charges from the State PWD, the Association informed.
The AAG, thus, recommended that the State Government apprised to the MoRTH to waive the agency charges levied before proceeding with the payment.
If so, what is stopping the State Government from challenging such gross violation in a competent court, instead prolonging the agony of victims? the PDMGDVA asked the AAG.
Based on the above legal opinion, the Commissioner & Secretary, Chief Secretary and the Deputy CM wrote to the MORTH without any expected result, it added.
Hence, the Association demanded that from the State Government the release of the sanctioned amount to the entitled beneficiaries with delay based on the outcome similar PIL on February 7.
