Statement made during Zero Hours on a issue of public importance relating to Assam-Nagaland Border dispute on the Fourth Session of the Nagaland Legislative Assembly on 29th February, 2024 by TN Mannen, IAS(Rtd), Advisor – Law & Justice, Land Revenue, Govt of Nagaland

I want to draw this august House to a very provocative statement in Assam Assembly on 7 Feb. 2024 by the Minister in charge of Border Protection and Development, Assam Shri Atul Bora stating that out of 82,751.86 hectares of land belonging to Assam are being occupied by 4 (Four) neighboring States namely Mizoram, Meghalaya, Nagaland & Arunachal Pradesh.

Out of which nearly 60,000 hectares is occupied by Nagaland along the district of Sibsagar, Jorhat, Golaghat etc. This is an utter lie, far from the truth on the ground. That, in fact Assam is illegally usurping traditional land belonging to the original Nagas, which were transferred out of Naga native owners by the British India without their knowledge which the Nagas has been protesting and claiming to return to the original owners.

This issue was raised in the 9 Point Agreement made between Sir Akbar Hydari, the Governor of Assam when he visited Kohima on 26th – 29th June 1947 and of 16 Point Agreement during Nagaland State creation, all demanding for the restoration of historical injustice committed on the innocent Naga people.

To clarify our claims – allow me to narrate the historical background in brief :-

1228 AD to 24/2/1826
Ahom originally a branch of Shan community led by Sukhapha – the Prince of ancient Shan kingdom in upper Burma who failed to become the crown King. Thus with his supporters they crossed over the Patkai range inhabited by the Naga (Konyak territory) by overcoming the Naga fierce resistence in 1228 AD, inflicting extreme atrocity by even forcing the surviving Nagas to eat even their slained people to create fear psychosis on them (Assam Boranjee).

They then crossed over the Patkai range and came down to Brahmaputra valley. There they easily defeated the small kingdom of Borahis and Morans who were ruling the present Lakhimpur, Sibsagar district areas. This is how the Shan group established a foothold in Bramaputra valley. Then onward they established a powerful Ahom kingdom in Brahmaputra Valley conquering various kingdoms such as, kachari kingdom at Dimapur in 1526 killing their king Dutsang. They were driven out to Maibang in North Cachar. For 600 years the Ahom kingdom had established and ruled Assam defeating even the Mughal invaders under Mir Jumla.

By the Treaty Yandaboo in 24th Feb., 1826 between the British East India Company and the Burmese king, the Ahom kingdom was transferred to the British by default after ruling uninterrupted 600 years. During the Ahoms rule, Nagas had no problem relating to border issue with the Ahoms.

King Godadha Singh 1681-1696 one of the greatest Ahom King – has clearly demarcated the Border between the Nagas by creating Dhodar Ali and the Aka Ali – from Golaghat to Amguri roughly.
Then Ladigarh Bund, Naga bund all the Boundary demarcation between Ahoms and Nagas.

This traditional Boundary was accepted by the British Administration as their boundary line between the Nagas and the British, and the demarcation along this line was done by erecting a triangular concrete pillars.

Naga trouble started from British occupation:-
Later the British Administration has crossed this boundary line, and declared as many as 22 forest Areas as (R.F) all along Nagaland & Assam Boundary without the knowledge of the original Naga owner. Out of this 22 R/F, there are 10 Reserved Forests which are considered as Disputed / Disturbed Area Belt (DAB). They are :-

Interim Agreement

For the maintenance of peaceful atmosphere during Interim Period within those declared DAB areas, the management of the Forest (R/F) are regulated by drawing up 4 (four) Interim – Agreements between – Assam – Nagaland & MHA in 1972 and one in 1979.

Agreement conditions were mutually finalized and elaborately drawn up.

Briefly :-
1. Withdrawal of armed police force of both Assam -Nagaland from the R/F areas.

2. No armed Police post should set up by both the States.

3. Assam – Forest Department were allowed the custodian right on the R/F but to maintain as Forest and Assam should ensure that there is no encroachment or lease be allowed.

4. Existing Naga settlers like Yimpang/ Champang / Tsori villages in Kakadanga R/F(Reserved Forest) would be allowed without harassment. And so forth.

5. The same terms of the 4 above Agreement were extended to all the R/F areas along the Assam – Nagaland border.

All those agreements were flouted by Assam with all impunity and massive encroachment and deforestation is going on taking full advantage of their custodian right given in good faith for maintenance of status Quo by enforcing the terms of Agreements till a permanent settlements are made against each one of them.

To ensure maintenance of the Agreements, Neutral Force (CRPF) were posted but were put under the command of Senior Assam Police at I.G rank. Thus their neutrality is compromised and became the extended Assam Police.

Now, much against the interim Agreement, Assam Police camp, permanent structure are coming up in Geleki Forest for which Nagaland local officers had lodged objection but construction is going on unchecked.

Latest Dandali forest just on the border of Dimapur – Karbi Anglong – Assam Police camp is being constructed, Forest is being encroached massively but Nagas are prevented stating that it is Reserve Forest (R/F) area. How ridiculous.

Oil extraction is going on the DAB Areas from the Assam side. All along the DAB Areas Assam is dishonoring the Agreement. After the Merapani clashes in 1985 Shashi commission was appointed to work out a solution. It had recommended certain short term & long term measures but ignoring the fulfilment of those conditions, Assam had gone to S.C for declaration of 1925 line as the final Constitutional boundary (Suit No. 207, 1988) under Article 131 of the Constitution of India against Union of India, Election Commission and Nagaland State as defendants.

The 1925 Boundary Line was arbitrarily drawn up by the British Administrators to regularize all the illegal transfer of Naga territories into (R/Fs) in the past. It is felt that going into the Supreme Court by Asssam for declaration of 1925 line as permanent boundary is a delay tactic only. But even survey general has declared that it is not verified on the ground.

In the main time, a local commission was constituted on 25/09/06 to verify on the ground the line of 1925, simultaneously a mediation committee was also appointed on the same issue but so far there is no positive outcome.

While the attempts from various channel are going on for a permanent solution, Assam is going on with the encroachments whether with the consent or without, breaking all the terms of Agreements which Assam is expected to uphold. Eating away the Naga traditional territories like a leprosy disease when the patient is still alive, land is shrinking while the population is increasing rapidly.

The Foot Hill area is the answer to economic development of the future of Nagaland. Oil and other mineral wealth extraction and deforestation are going on in most DAB forest land from Assam side. All the Tea gardens established in Naga territories initially by paying lease rent to the Naga owners have been stopped and converted into Assam Revenue land. In fact as much as 13,000 Sq. Km of Naga ancestral land is being encroached by Assam.

CONCLUSION:-
Hon’ble Chief Minister of Nagaland is trying his best to bring about a share of Oil royalty with Assam from the oil fields in DAB Areas because we all know that the Nagaland State as one of the poorest States has the future economic development lies on the foothill areas along the Assam – Nagaland border.

Oil & other Mineral wealth as well as forest resources are in it. Apart from it, even the soil is very fertile which can turn the area into bread basket of Nagaland.

About 45,000 million of crude oil deposit is available in this area as per the report. We need to give priority concentration on this. Even the Union Minister of Oil & Natural Gas Shri. Hardeep Singh Puri has announced recently the exploration of Oil and Natural Gas in undisputed Areas of Nagaland. This development will mark a significant step forward in the Region’s Energy sector.

From the above narrative it is evident that it is absolutely out of place for making such wild allegation from a respectable Minister of Assam accusing Nagaland as encroachers of Assam land. We need to demand apology or at least to retract such false allegation.

In the meantime we all need to give all out support to Hon’ble Chief Minister of Nagaland to carefully tackle the negotiation with Assam Chief Minister on sharing oil Revenue earned out of oil field in DAB areas.

With all respect, Assam Chief Minister is a shrewd diplomat who knows how to protect their interest first. Our Nagaland Chief Minister with all his wisdom and experience gained over the years will not compromise the core issue of our rights; with all his diplomatic dexterity, we are confident that he is the right person to negotiate with the other side for our mutual benefit. We all need to extend all out support to such a noble undertaking.