KSO-CCP debunks claims of Manipur Forest Dept with regards to K. Songjang Village, hamlet of Kungpinaosen
PRESS STATEMENT
24th March, 2023
Kungpinaosen village is a recognized village under SDO Henglep Sub-Division, Churachandpur District with a well define scheduled Boundary of the village. It is a recognized village before the constitution of the fraudulently and dishonestly prepared documents of alleged Churachandpur Khoupum Protected Forest vide notification No.55/10/66-M dated 17.09.1966 in violation of section 29(3) of Indian Forest Act 1927.
The said Kungpinaosen Village is recorded in the following Manner and sufficient supporting Documents under section 72 and 94 of Indian Evidence Act, 1872 are presented here under to justify the false claims of Forest Department: -
The Manipur State Hill Peoples (Administration) Regulation, 1947, Sadar Circle No.3, Sl.No.2, Name of Village: Kungpi, Name of Headman: Tongkhopao
(i) The Manipur Gazette Extraordinary, Published by Authority, No.31-E-14, Imphal, Thursday, August,16 1956 Orders by the Chief Commissioner, NOTIFICATION, Imphal the 10th August, 1956, No. JJ/2/56, & NOTIFICATION, Imphal, 20th July, 1956, No. IJ/2/56.- SCHEDULE CHURACHANDPUR SUB-DIVISION, Sl.No 61, Name of Village: Kungpinaosen.
(ii) The Manipur Gazette Extraordinary, Published by Authority, No.252E-208, imphal, Monday, February 5, 1962 (Magha 15, 1883) Manipur Administration, Secretariat— Revenue Branch, orders by the Chief Commissioner, Imphal, 25th January, 1962, No.181 2/61—M- Churachandpur Sub-Division, Sl.No. 114, Name of the Village: Kungpinausen.
(iii) The Manipur Gazette Extraordinary Published by Authority, No.196-E-164, Wednesday, Monday, November, 1969 (Kartika 21, 1891) No.20/39/69-D, Government of Manipur, Secretariat: Planning & Dev. Department, Imphal, the 12th November, 1969, Orders by Baleshwar Prasad, Chief Commissioner, Manipur III- Manipur Churachandpur South District, Chrachandpur North (Henglep) Sl. No.63, Name of Village: Kungpinaosen.
(iv) The Manipur Gazette Extraordinary Published by authority, No.155, imphal, Wednesday, November 12, 1975(Kartika 21, 1897) Government of Manipur, SECRETARIAT—REVENUE DEPARTMENT, GOVERNMENT OF MANIPUR, NOTIFICATION, Imphal, the 6th November, 1975, No.18/22/74-R(a). Annexure-F--Manipur South District, by orders etc., L.B. Thanga. Secretary (Revenue), Government of Manipur. List of villages having 20 or more tax-paying houses in respect of Henglep Sub-Division, MSD. Sl.No. 54, Name of Village: Kungpinaosen.
(v) The Manipur Gazette Extraordinary, Published by Authority, No.209, imphal, Tuesday, September 22, 2009 (Bhadra 31, 1931) GOVERNMENT OF MANIPUR, SECRETARIAT—HILLS DEPARTMENT, NOTIFICATION, Imphal, the 11th September, 2009, No.15/01/2008-CHA: Churachandpur Autonomous District Council, Sl.No.13, Name of DCC: 2-Leimatak, Sub-Division: Henglep, Name of Constituent Village: 1- Kunpinaosen, No. of Electors: 217.
(vi) The original well-defined Boundary Scheduled of this Village is given below:
Signed by: B.C. Casper, SDO, S.W. on dated 16.9.1926
a) North- Chikhukdung
b) South- Lengpanglok
c) East –Laimaton Chingyang
d) West- Leimatak
(vii) Hill House Tax counterfoil, Sl. No.3726, Village no.43, Name of Village: Kungpinaosen, Name of Headman: Thenkhogin, No. of houses: 37, House Tax: 15/- Per house for the year: 2019-2021, Rs1665/-, date: 10/05/2021.
The demarcation of Churachandpur Khoupum Protected Forest within the schedule Hill Area of Churachandpur District itself is arbitrary and illegal Land acquisition by the Government of Manipur. Hence, the same falls very much within the purview of the Hill Area Committee. Since the Scheduled Hill areas is the subject matter of the administration of the Hill Areas Committee (HAC) constituted by Law under the provision of Article 371C of the constitution of India, and as per rule made thereof, the matter should be deliberated by the HAC comprising of the Elected Tribal MLAs, before any decision is taken by the state Government.
Further, it is pertinent to reiterate:
(i) That, the village Chief is the absolute owner-in-possession of the Village no.43 Kungpinaosen. It is a recognized Village under Henglep Sub-Division, Churachandpur District. This Village pays hill House Tax under SDO Henglep Sub-Division, Churachandpur District. He has been settling in this Scheduled village Land since pre-independence of India and before merging of Manipur in the Indian Union.
(ii) That, the village Chief of this Village No.43-Kungpinaosen, wherein as of 10/05/2021; there are 37 nos. of Hill House Tax-Paying Rs 15/-per Houses/Households. The Said Village comes under 2-Leimatak DCC, Churachandpur Autonomous District Council Jurisdiction.
(iii) That, the Churachandpur Khoupum Protected Forest was constituted without proper enquiry and notification and without the knowledge and consent of the affected Village Chief or Land Owners as laid down in section 29(3) of Indian Forest Act. 1927.
(iv) That, it is stated there is no portion of any land, Forest-Land or Waste Land, belonging to the state Government or the Forest Department within the above stated scheduled Hill area of this village, being the Ningthou (Chief) is the ownership in possession of this Village. He is the absolute Land owner-in possession of the said village land. He has been residing in this place for the past many years since their forefathers without any interruption and interference from outside. Everything inside the Scheduled area of this village is inherited and enjoy from his forefather since time immemorial.
(v) It is learnt from the Forest department and very much unfair to found that the existing Rights of this Scheduled Hill Area are affected, which is a gross violation and abused of Chapter IV of Protected Forest, Section 29(3) of Indian Forest Act, 1927, Section 60–64 of the Manipur State Hill Peoples (Administration) Regulation Act, 1947, section 3-8 of the Manipur Hill Areas(House Tax) Act, 1966, read with Forest Rights Act, 2006, Section 25 of Limitation Act,1963, Section 3(f)(g) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989, Section 141 & 420 & 423 of IPC, Section 72 & Section 94 of Indian Evidence Act, 1872, Article 13(1)(2)(3), 19, 31/300 A, 371C, 366(22), 342 of Indian Constitution, CHAPTER V-Rehabilitation and Resettlement Award, Section 41 of RFCTLARR Act, 2013.
(vi) In AIR 1961, Manipur 21(Judicial Commissioner), it is ruled that Government recognized the rights of the hill villages to enjoy the land within the boundaries of their villages, taking from them in return only the Hill house Tax. Also, in (1995) 3 GLT 617, the Gauhati High Court observed that in Kuki Custom, the chief is the owner of the village and the villagers are permissible possessors. That being the case, the apex court of India as well as High Courts had honored and recognized the land rights of the Hill People of Manipur. So, in this regard, this blatant disregard of the ruling by the government is seen as prejudiced and discriminatory towards the rightful land holding tribal Communities.
(vii) The state Government’s act of initiating a process for the village Chiefs to produce legal documents before the officials of the Forest Department to stake claim of their rights for settlement within the protected forest is nothing but a trap. The truth is that there is no such protected forest as claimed by the Government. It may be reiterated here that the existence or the recognition of villages, whether new or old, are done by the Government. Hence, terming legally established and recognized villages as encroachers is unacceptable, misleading and false accusation.
Hence, the establishment of K. Songjang Village is within the scheduled Boundary of Kungpinaosen Village, but not the within Churachandpur Khoupum Protected Forest. And, the establishment of K. Songjang village falls under the purview of HAC. The declaration of Schedule Hill areas which was clearly specified by the chief commissioner of Manipur, and the demarcation of Scheduled Hill areas for the constitution of alleged Churachandpur Khoupum Protected Forest by the Forest department is purely an encroachment of scheduled Hill areas and violation of section 29(III) of Indian Forest Act, 1927 and various Land Laws by the Forest Department, Government of Manipur. It is also worth pondering to state that, the Extraordinary Gazette Notification of Churachandpur Khoupum Protected Forest vide Ref. No.55/10/66-M (2) dated 17th September, 1996 clearly states excepting (Exclusive of) bonafide Village Patta Lands.
The callosity in the part of Forest Department for their irrelevant statement and their illegitimate procedural for constituting Reserved Forest, Protected Forest should be stop once for all, for the cause of justice, instead of misleading, making false statement and spreading hatred amongst different community.
Issued in Public Interest.
(T LETMINLEN HAOKIP)
President, KSO CCP
(DJ HAOKIP)
General Secretary, KSO CCP
