Nagaland to amend land acquisition laws for national highway projects

DIMAPUR — To expedite stalled road projects, Deputy Chief Minister of Nagaland, TR Zeliang, announced the state government’s decision to amend the Nagaland Land (Acquisition & Requisition) Act of 1965. The amendment, specifically for national highway projects, aims to streamline land acquisition processes and address compensation concerns that have hampered infrastructure development in the state.

The announcement came during a project review meeting convened by Union Road Transport and Highways Minister, Nitin Gadkari, in New Delhi on October 21. The deputy CM, who also holds the National Highway and Planning & Transformation portfolios, highlighted the unique challenges faced by Nagaland due to its landholding system and the provisions of Article 371(A) of the Indian Constitution.

He said that the state’s previous practice of providing land free of cost for national highways had resulted in numerous legal challenges. To address this, a 2023 notification mandated that land acquisition for national highway projects in Nagaland would require land compensation.

“The delay in finalisation of land rates and process of acquisition is due to comparative studies carried out on Land Acts of neighbouring States and also NH Act-1956. However, after much deliberation it has been decided that the State Government will amend the Nagaland Land (Acquisition & Requisition) Act of 1965, specifically for National Highway Projects. This amendment will be adopted in line with the NH-Act 1956 and RFCTLAAR Act 2013 in the upcoming State Assembly Session”, Zeliang said.

Peren-Dimapur Highway (NH-129A)

As per the deputy CM’s speech released on Tuesday, he addressed various issues flagged by the Ministry, and admitted that there were delays in the 17km Peren-Dimapur Package-V. Attributing it to land compensation demands from landowners along a 10km stretch, he assured the Ministry that, after extensive negotiations, the landowners had agreed to the government’s terms, and damage compensation assessments were underway. He expressed optimism that work on this package, connecting Nagaland with Manipur, would commence soon.

He also appealed for the early approval of the 2.8km Peren Town Build-up area in Package-I, which had been descoped from the main contract. Despite submitting the Damage Assessment Estimate to NHIDCL five years ago, the project has faced repeated delays. While NHIDCL has recently issued a Notice Inviting Tender (NIT) for the stretch, both civil work and damage compensation sanctions are pending with the Ministry, Zeliang said, urging Gadkari’s intervention to expedite the process.

Kohima-Jessami road

For the Kohima-Jessami Package-I, the Deputy CM raised concerns about the construction of nine culverts without any provision for protection or compensation for potential damage to agricultural land and activities on the valley side. He urged NHIDCL and the Ministry of Road Transport and Highways (MoRTH) to consider the landowners’ concerns and provide necessary safeguards and compensation, even though the affected areas fall outside the designated RoW.

In Package-II, a 1.4km stretch in the Chakhabama military area has been stalled due to demands for damage compensation. He informed the meeting that a joint survey by NHIDCL and the district administration was underway to assess the potential impact on structures and determine appropriate compensation. The report for this is expected within the next week, he added.

Zeliang assured the Ministry that the district administration had committed to resolving the land acquisition issue within a month for Package-III, where the hindrance is limited to a 26-meter stretch.

Regarding Package-IV, he said the issue is on the demand for collateral damage compensation. Stating that the estimated compensation cost had been submitted to NHIDCL by the Phek district administration, he urged NHIDCL and MoRTH to clarify the responsibility for collateral damage payments to prevent disputes that could further delay the project.

With regard to the Kohima bypass project, particularly packages III and IV, the deputy CM said that the matter is in litigation by individual landowners seeking compensation. He assured the Ministry that the state government was actively pursuing a swift resolution through the courts, expressing hope that the matter, involving relatively small stretches of land, would be resolved soon, allowing NHIDCL to proceed.

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New National Highway-202

On the proposed construction of a 178km National Highway-202, spanning across Phek, Kiphire, Tuensang, and Shamator districts, at a cost of INR 3,119 crore, he said that the government would soon amend the Nagaland Land (Acquisition & Requisition) Act of 1965, specifically for national highway projects

However, as an interim measure, the district administrations of the four districts had submitted land rates, which have been approved by the State Land Acquisition Authority (SLAA) chaired by the chief minister. The state National Highway department has been instructed to incorporate these rates into the detailed project report (DPR) for submission to the Ministry.

He expressed confidence that the project, connecting remote areas of Nagaland, would receive swift sanction and be completed within the next two to three years.

Dimapur-Kohima 4-lane road

Expressing concern over the inordinate delay in the Dimapur-Kohima 4-Lane road project, which remains incomplete even after eight years, Zeliang highlighted the public inconvenience caused by the slow progress. He specifically pointed to Package-I, the Pagla Pahar (New Chümoukedima) stretch, where the initial DPR’s lack of slope protection measures and the hazardous vertical cutting of rock and earth have resulted in fatal accidents and sweeping away of a major portion of the road, resulting in road closure and allowing only one-way traffic.

“Further, NHIDCL had issued completion certificate for Package-II whereas it can be visibly seen on ground that the works on this package is far from being complete. The state government has also raised objection on the matter and expressed our unhappiness that the state was kept in the dark when completion certificate was issued”, he said.

He requested that an official technical team from MoRTH be sent to verify the situation on the ground.

Funding for maintenance

Zeliang further requested Gadkari to consider annual allotment of funds for maintenance of national highways in the state which are looked after by the Nagaland PWD, NH Division.

“Since the discontinuation of Ordinary Repair (OR) and Flood Damage Repair (FDR) from last year, the State PWD, NH Division has been facing acute financial issue to carry out emergency repair of highways, especially during monsoon season,” he said.

Emphasising the vulnerability of the state’s hilly terrain to landslides and mudslides, he urged the Ministry to allocate dedicated funds for emergency use by the state PWD (NH), assuring that utilisation certificates would be duly submitted. 

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