Nagaland
,
Changpang
,
Wokha
Published :
Sep 2016
|
Updated :
Naga Tribes Oppose Oil Exploration on Community Land, State Appeals for Support
Reported by
Mhao Kikon
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
5300
People affected
1994
Year started
1200
Land area affected
Households affected
5300
People Affected
1994
Year started
1200
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Petroleum and Gas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Industry
Reason/Cause of conflict
Petroleum and Gas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

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.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

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?

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?

4
Additional Information

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?

No

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

5
Information on the use of criminal law

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?

Legal Supporting Documents

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
Author
Reported by
Mhao Kikon
Show more work
Latest updates
Nagaon
Assam

Farmers in Assam resist land acquisition for solar plant, beaten by police

Surat
Gujarat

Surat farmers claim fertile land re-included in Gujarat's development plan without consent

Gadchiroli
Maharashtra

Villagers in Gadchiroli campaign to shut down Surjagarh iron ore mine

Biswanath
Assam

Encroachment, land dispute pose threat to newly designated Behali Wildlife Sanctuary in Assam

Krishnagiri
Tamil Nadu

Residents in Krishnagiri protest against takeover of land by SIPCOT

Lower Siang
Arunachal Pradesh

Tension in Arunachal's Lower Siang over Likabali-Durpai road project amid boundary disputes

Kanyakumari
Tamil Nadu

Tamil Nadu revives plan to construct Kanyakumari Port despite protests by fisherfolk

Koraput
Odisha

Bauxite mining at Mali Parbat in Koraput seeks to displace and disrupt local livelihoods

Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
Conflicts Map
Conflict Database
About Us