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Published on
September 26, 2016
May 17, 2022
Edited on
September 26, 2016
A threeway fight is on in Nagaland between the Central government, the state government and local communities to control land and its resources in the state's oil belt. The state is projected to have 600 million tonnes of oil and natural gas reserves, which, if fully exploited, could boost India's onshore oil and gas production by 75 per cent. The state government took over fields abandoned by the Oil and Natural Gas Corporation in 1994 because of protests by Naga groups. Though oil exploration is usually governed by the Centre, Nagaland drafted its own policy Nagaland Petroleum and Natural Gas (NPNG) Regulations in 2012 to take control over oil. For this, it used Article 371A of the Constitution that guarantees no Central law pertaining to land and its resources would apply to Nagaland unless the state's Assembly ratifies it. The special provision was inserted in the Constitution as part of an agreement between Naga groups and the Central government at the time of the state's formation in 1963. Using the 2012 regulations, Nagaland allocated oil blocks to a private company, Metropolitan Oil and Gas Private Limited (MOGPL), in 2014 and worked out a revenuesharing model between the state government and land owners. The Ministry of Petroleum and Natural Gas has opposed the state's policy from the time of the erstwhile Congressled alliance government at the Centre. A section of the Naga community has also opposed the NPNG regulations because they give a lion's share of the oil profit to the state government. The community claims that Article 371A gives undisputed rights over land and its resources to the Naga communities and not to the state government. In October 2015, the Kohima bench of the Gauhati High Court issued a stay order against the permit given to MOGPL, after Lotha Hoho, the apex tribal organisation of the Lotha Nagas, filed a public interest litigation citing inconsistencies in the process. In November 2018, the Nagas and the state government signed an MoU after the latter agreed to amend the NPNG Regulations and Rules, 2012. For several years after the MOGPL got the contract for oil exploration, work could not begin due to public opposition. However, on July 21, 2020, Nagaland Chief Minister T. R. Zeliang launched the resumption of oil exploration in Changpang and Tssori areas after a gap of 20 years, appealing to the people to extend support to the MOGPL.
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Rural
Private
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Constitutional Law, Central/State Government Policy, Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Gauhati
Case Number
PIL No. 4 (K) of 2015
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
When the officials and volunteers of Lotha Students Union tried to stop the formal launch of MOGPL for oil extraction through peaceful means. the state government used its police force to lathi charge upon the volunteers of the students body and many students (volunteers) were heavily rained upon by those police using lathis at the behest of the state government.
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Geology and Mining Department, Cabinet Sub Committee for Nagaland Petroleum and Natural Gas Regulations, 2012
PSUs Involved in the Conflict:
Oil and Natural Gas Corporation Limited
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Metropolitan Oil and Gas Private Limited
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
DICE Foundation, Green Foundation, Lotha Students Union, Lotha Hoho
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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