TPO passes verdict on longstanding Kezolta/Kozüru/Kazing land dispute

Earmarks areas for SAPO, Mao Council and Maram Khullen to act as caretakers

Morung Express news 
Kohima | July 13 

The Tenyimi Public Organization (TPO) passed a verdict today on the Kezolta/Kozüru/Kazing land (forest) dispute along the Nagaland-Manipur border, distributing and earmarking the whole forest area into three sections between the disputing parties— Southern Angamis of Nagaland, and the Mao Council and Maram Khullen of Manipur. 

The TPO Presidential Council order and the undertaking signed by Presidents of the 10 Tenyimi tribes in Nagaland and Manipur, along with TPO member was made available to The Morung Express. The TPO said separate areas of the disputed land (forest) have been earmarked for the 3 contesting parties “to preserve and protect from all forms of exploitation and to be caretakers of their respective areas,” under strict supervision of the TPO.  

Earmarked territories
The territory earmarked for the Mao Council includes the area from the first dry nullah behind the police barrack, coming down from Khunhyo range and joining Kezol/Kozürü/Kazing river at the top and goes down following Kezol/Kozürü/Kazing river and meets the Makil/Ragung stream (Marked yellow on the map). 

The region earmarked for the Maram Khullen includes the area from Tingpi Karyi/Deyo-Ekhro stream joining Kezol/Kozürü/Kazing river and Makil/Ragung Karyi stream and below. (Marked red on the map).

The rest of the disputed area has been earmarked for the SAPO (Marked green on the map). 

The TPO said that the judgment is “based on customs and traditions of Tenyimi people and the state political boundary will not be affected.” 

Terming today’s judgment as final and binding on all parties, the TPO said “if any party refuses to accept and comply with this judgment, that particular party shall be expelled; cease to be a member of TPO; and the remaining parties shall stand united on all issues against that party.”

It further said that the “non inclusion of Dzükou valley in the present judgment does not imply that it belongs to one particular community or village.”

Longstanding dispute 
Today’s verdict comes after an earlier judgment passed on December 19, 2022 was rejected by the SAPO and Mao Council, where the TPO Board of Arbitrators (BOA) had declared the whole disputed land (forest) as common a property of the SAPO, the Mao Council and the Maram Khullen village. The SAPO had subsequently requested the TPO to review the same. 

Thereafter, the Angami Public Organization (APO) intervened in 2023, and all parties in separate letters reposed faith in the APO and authorized them to mediate on the matter on the basis of traditional and cultural practices of the Tenyimis and resolve the dispute amicably. The APO further requested the TPO to once again take up the issue. 

The TPO held a presidential council meeting on August 26, 2023 and unanimously resolved to review the Board of Arbitrators (BOA) verdict in the interest of the three contesting parties in particular and the Tenyimi people in general. 

The TPO said that its Presidential Council along with the with the Presidents of the Tenyimi Union Nagaland (TUN) and Naga Peoples’ Organization (NPO), Senapati took up the responsibility of reviewing the BOA verdict. 

Apart from meetings, it said that spot verification at the disputed area with the contesting parties were held on several occasions, with the three parties given opportunity to present their respective claims along with the position papers and accompanying documents, maps etc. 

The TPO said that the claims of the parties were “based on old stories handed down or told to the present generation by their ancestors.” “Under such circumstances, their statements cannot be considered as infallible in the absence of supporting documents. None of the contesting parties could produce any authenticated document(s) to prove the boundary of their claims except what has been mentioned in the position papers. However, all the contesting parties traced their origin to Makhel and they all admitted and agreed that at one point of time they lived in Makhel and migrated to their present settlement,” the TPO said. It may be correct to state that in the past, their forefathers could have common immovable properties, the TPO observed.

It further noted that from 2000 to 2014, the dispute was tried by the Tenyimi Central Union (now TPO) under different Tenyimi leaders. “However, judgment could not be delivered due to one or the other reason.” 

In 2015 the TPO appointed two members each from the tribes as arbitrators to conciliate on the issue. From 2016 till June, 2022, more than 30 sittings were held. 

An undertaking dated November 28, 2017, signed by the 3 contesting parties “unanimously agreed to resolve the dispute as per the Naga Customary Law and not to resort to approach any other Court(s)”. The parties also gave written statements over claims of the forest to present their case through their authorized representatives.

During the course of arbitration proceedings, the BOA along with the TPO officials conducted spot verification several times in the presence of all the contesting parties. During one of such spot verification, stone pillars erected between Mao Pundong and Maram Khullen village were also shown to the TPO officials and BOA members, the TPO informed. Helicopters and drones were used to ascertain the exact location and the area of the disputed forest at Kezoltsa/Koziirii/Kazing. 

According to the TPO, the Mao Council and SAPO were the disputing parties at first; and subsequently in 2016 the Maram Khullen filed an application to implead them as a necessary party to the case. 

According to the TPO order, the Arbitration Undertaking signed by the three parties on November 28, 2017 will be adhered to and complied with by all parties. It added that the forest and natural resources shall be preserved and protected from any form of exploitation for a period of 50 years for posterity and the collection of forest produces, fishing and hunting in Kezoltsa/Koziirti/Kazing will be strictly prohibited.

The order mentioned prohibition of vehicular road connectivity inside Kezoltsa/Kozürü/Kazing area and cutting off existing vehicular road leading the forest and removal of semi pucca and iron structure barracks of the Manipur police. 

It further stated that a Forest Committee proportionately drawn from the three parties shall look after the area for protection, preservation and promotion of eco-biodiversity. The area will also be used as community heritage under strict supervision of TPO. The order further stated that a free access passage (footpath) will be allowed from Tenyimi Southern Naga side to the Dzükou valley.

The signatories of the judgement were Razouvotuo Chatsu of APO, Vezuhu Keyho of Chakhesang Public Organization, Chonpa Jurry of Pochury Hoho, Er. Tesinlo Semy of Rengma Hoho, Kevipele Ehielung of Nagaland Zeliang People Organization, Merachao Inka of Inpui Nagaland Union, RK Philip of Thangal Union, John Hingba of Maram Union, RP Panü of Poumai Naga Union, Solomon Arow of Naga People’s Organization Senapati, Kekhwengulo Lea of Tenyimi Union Nagaland and Timikha Koza, who is the TPO President and ex-officio member.