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National Fact Finding Team – Public hearing on acquisition of land for NIT Lamphelpat, at Langol, West Imphal Manipur

Preliminary Report

“The Joint Action Committee for protection of agricultural lands and wetlands at Langol- Lamphelpat, Imphal West, Manipur” during its visit to New Delhi to submit a Memorandum to the Prime Minister Dr. Man Mohan Singh, called on civil society and human rights groups to constitute a Fact Finding Committee to assess the ground situation  and their protest movement against the acquisition of the above mentioned lands for the proposed National Institute of Technology in Manipur. In meetings with Dr. John Dayal, Member, National Integration Council, Govt. of India, New Delhi, the JAC requested him to constitute a fact finding team and a public hearing in Imphal. Consequently Dr. John Dayal requested Dr. Sam Paul, Human Rights Activist, Hyderabad, Mr. Albert Lael, Dalit Education Centres, to be with him on the fact finding committee for the public hearing at Imphal.

The said public hearing was organized by the Joint Action Committee at the Shija Hospital Junction, Langol-Lamphelpat, Imphal West, Manipur from 11:30 to 3:00 PM on Wednesday 19 December 2007. The public hearing was attended by approximately 1,000 people, men, and women from the area, representing several ethnic and religious groups and also representatives of the Joint Action Committee. Miss. Kim Gangte, Ex-Member of Parliament, Outer Manipur, Mr. M. Surendro Singh, President, Mr. Brojen Sinam, Vice President, JAC, C. S Khongsai, Secretary and others, facilitated the public hearing.

At the outset, Dr. Dayal explained to the assembled people the concept of a public hearing, its moral authority and its methodology. The public hearing and the fact finding committee are not created by the Government of either the State or the Centre. Their moral authority is derived from the democratic philosophy underpinning the Constitution of India, and specifically from the guarantees of “Freedom of Expression emanating from Article 19 (1) (A). Such fact finding public hearings had played a powerful and constructive role right from the promulgation of the Constitution on 26 January 1950 and specifically in the last 20 years. Public hearings in the past have been held to document and record the voices and aspirations of the people in almost all states of India on issues ranging from communal violence, displacement, dams, forest and mines issues, police firings, custodial deaths and in recent month’s issues relating to Special Economic Zones such as Nandigram, West Bengal.

Several times in the past governments have acted on the recommendations on such public hearings. Dr. Dayal said that while a preliminary report would be made public within 24 hours of the hearing, a detailed report would be sent to Central and State authorities for their consideration within a fortnight.

The following are the preliminary findings / observations / recommendations of the fact finding teams after hearing the affected people in a public forum:

1. The fact finding committee was surprised to find that prohibitory order under Section 144 Cr Pc were imposed by the District Magistrate, Imphal West, from 5.00 pm 18 December 2007 (Ref. Imphal Free Press, dated December 19, 2007). Though there was no provocation for such an action Miss. Kim reported to the fact-finding team that on hearing of the imposition of the Section 144, she has lodged a formal complaint with the authorities including the Prime Minister’s Office, New Delhi. We are happy to note that though the police were present in and around the Public Hearing site, there was a total peace during the entire hearing.

2. We are also happy to note that the entire movement of the protest against the acquisition of the above mentioned land vide Govt. order: 4/5/LA/COM/ 2007-(Rev), dated 24/09/07 has been entirely peaceful and has seen extra ordinary harmony and unity between people representing almost every ethnic, religious and linguistic groups in the state of Manipur. It is also a tribute to the courage and integrity of the women of Manipur that they turned out in very large number to depose at the public hearing. 3. We had made known that we would be very happy to hear / receive communication from any representatives of the state government, central governments and its various departments. We would be still happy to receive any communication from them before the submission of the final report. 4. It is clear that all people of Manipur whole heartedly welcome the decision of the Government of India to situate the National Institute of Technology in Manipur to cater to the young men and women of the region. The people of Manipur recognize that such an institute will affectively tap and hone the tremendous natural, intellectual resources of the people of the region, which will in turn contribute to the emergence of India as a leading nation in the knowledge sector. Even the poorest of the poor and almost illiterate housewives who disposed were enthusiastic in welcoming the NIT. 5. Having said that, the issue is of locating such an institute in an area most suited for it keeping in mind the following: A. Accessibility B. Equity in development between various regions of the State C. Environmental and Ecological considerations D. Impact on human population, displacement, matters of livelihood, issues relating to freedom of faith and related impact on the lives of the present and coming generations. 6. It is clear that the city of Imphal and its immediate environment are not lacking in the sphere of higher education sector. The existing institutions include the Central University of Manipur, the Central Agricultural University, the Regional Institute of Medical Sciences and also Indian Council of Agricultural Research, the state run Manipur Institute of Technology in addition to several private Institutions. It has also to be noted that other regional centres do not have such concentration of institutions of higher learning. In fact, most of them do not have any central or state institutions of higher learning. This has led to a very lopsided development in the state’s investment in the intellectual, professional and human rights development in Manipur.

7. There is a need for urgent steps to set up institutions of higher learning in various regions of the State. It has been noted that there has been a pressing demand for such institutions from various parts of Manipur. We note that specific requests have come from students of Churachandpur, Senapati and other areas. It would be proper for the government to give consideration to these requests in the interest of development, justice and peace. 8. After patiently listening to voices at the public hearing, perusing documents presented, a physical visit of the affected area of the wet lands, agricultural lands and other residential patta lands, we come to the inevitable conclusion that:

i. This is possibly the most unsuitable site for the proposed NIT and the said NIT must not be situated in the Langol-Lamphelpat area because it will specifically infringe on the right of the livelihood of approximately 3000 families who constitute the most marginalized sections of the society.

9. We are pained to note that instead of paying heed to the cry of the marginalised farmers / fishermen and land owners, the government and its political and official leaders have failed to listen to JAC despite repeated requests, representations and protests and strikes. More so because the JAC has quite obviously has widespread public support. We also note that in addition to the hardship and trauma to the humans living in the region the insistence to locate the NIT at the proposed site will lead to the annihilation of the rare and irreplaceable wet land wealth with possibly catastrophic implications for the environment in general and the city of Imphal in particular which may become open to future flash floods, water and other environmental calamities. 10. It is the hope of the fact finding committee that wiser counsels will prevail and that the State Government and the Government of India will locate the NIT at a suitable site elsewhere in Manipur, where it will be welcomed by all people of the State and will play its due role in the development of future generations of the region.

11. The same arguments also hold true in urging the government not to locate Pony Association, Poly Clinic, Lawn Tennis, Environment and Pollution Control Centre, State Medical Directorate, Housing complex for Ex-servicemen and others in such a fragile ecological and human environment. Signed

John Dayal

Imphal 9 am 20 December 2007