Manipur
Kambiron, Noney and Khumji villages
,
Marangjing
,
Noney
Published :
Sep 2020
|
Updated :
Manipur Villages Not Keen to Welcome Railway Project, Demand Compensation, Rehabilitation
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
682
People affected
2017
Year started
55
Land area affected
Households affected
682
People Affected
2017
Year started
55
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Railways
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

As part of the Central governments Act East Policy, the first broad gauge railway line in Manipur for freight and passenger transport – spanning 111 kilometres – will connect Indias Northeast to ASEAN countries. Construction of the railway line began in 2010 without forest clearance, even though it is required under the Forest (Conservation) Act of 1980. In 2012, construction companies began excavations to build tunnels and bridges. Over the years, several families in the villages of Kambiron, Noney and Khumji in Noney district have been displaced without any resettlement or rehabilitation packages. In a consent of undertaking that was signed in June 2014 by land owners from six affected villages, the district forest official had stated that 23 houses in Khumji village, where the Tupul station is being built, will be affected by the railway project. However, 29 families were displaced from their homes in 2015 immediately after the compensation was paid. The Manipur government submitted claims that no families were displaced and, hence, formulated no plan for rehabilitation. The displaced farmers have been pushed to take up masonry. Meanwhile, construction activity has polluted the Ejei river, which has severely affected the livelihood of communities dependent on it. In July 2016, the district commissioners office issued a notice** **stating that the scheme of rehabilitation and resettlement under the 2013 Land Acquisition Act is not applicable and, therefore, may be exempted in this particular sense of land acquisition. No explanation for the exemption was offered. Since 2017, the residents have protested against the poor compensation they have received from the North East Frontier Railways (NFR), which is constructing the railway line, for their farmland and their subsequent displacement from their homes. The protesters were from Khumji, Marangjing, Kambiron villages in Noney district. According to K. Athuipou, chieftain of Khumji2 village, the compensation ranged from INR 70,000 to INR 5 lakh. "It took time and money to rebuild our lives and the compensation was just not enough," he was quoted as saying in a news report.
In 2017, the chairperson of the Ejei River Development Committee filed a petition in the National Green Tribunal (NGT). In the petition, the committee contended that the Ejei river was undergoing severe environmental and ecological damage due to the illegal discharge of dangerous untreated effluents and pollutants. This, they alleged in the petition, violated the Environment (Protection) Act of 1986, Water (Prevention and Control of Pollution) Act of 1974, the Air (Prevention and Control of Pollution) Act of 1981, and the Code of Practice for Ready Mix Concrete (RMC) Plants. At least 10 cows have reportedly died from drinking the river water and several people have fallen sick. The Manipur State Pollution Control Board (MSPCB), Northeast Frontier Railways (NFR) and the Ministry of Railways denied these charges. The petition is still pending with the NGT. The NFR, railway ministry, MSPCB, the Manipur Directorate of Environment and the Ministry of Environment, Forests and Climate Change had each requested for more time to file their responses. The scheduled hearing in December 2017 did not take place since the vacancy for judges in the Eastern bench had not been filled. In March 2018, people from Tamenglong and Noney districts burnt an effigy of Tamenglong district Deputy Commissioner Armstrong Pame in the village for his alleged role in siphoning off the compensation money to two former residents of the village, who claim to be private owners of communityowned land. LCW could not confirm Pame's ties to the two individuals, but according to local sources, he has been implicated in several such cases. The same year, the railway project was interrupted for an entire month due to protests. Even though a date for a public hearing was advertised in the local newspapers, it did not take place. In June 2019, Pame's office refused to respond to RTI applications regarding sale deeds and compensation beneficiaries list. In 2020, Kambiron village chairman Dinrei Gangmei said that memorandums to the district commissioner of Tamenglong had been submitted for the resettlement of the villages. The only promise of employment also remains precarious because the local residents, so far, have only been temporarily employed in the construction companies so far.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Forest, Non-Forest (Other than Grazing Land)

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):

12524

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

North East Frontier Railways, Manipur State Pollution Control Board, Ministry of Railways, Ministry of Environment, Forests and Climate Change

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Bharatiya Infrastructure Private Limited

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

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

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Author
Reported by
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Demand for more compensation than promised

Demand for rehabilitation

Complaint against procedural violations

Opposition against environmental degradation

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

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