Nagaland weighs National Highway upgrade for foothill road, flags land and legal hurdles

Nagaland Deputy Chief Minister T.R. Zeliang on Tuesday, April 7 chaired a high-level meeting at the Capital Convention Centre to deliberate on upgrading the proposed Trans-Nagaland Highway (Foothill Road) to National Highway (NH) standards, with stakeholders expressing reservations over land requirements and the adoption of the National Highways Act, 1956.

The meeting brought together representatives of sixteen tribal bodies, members of the Chakhroma Public Organization and Western Sumi Hoho, elected representatives from affected districts, Deputy Commissioners, and officials of the Nagaland Public Works Department (NPWD).

In his opening remarks, Zeliang clarified that the meeting was not intended to review the ongoing Foothill Road project, but to explore modalities for upgrading the corridor to NH standards under the Ministry of Road Transport and Highways (MoRTH). He informed participants that the Ministry has indicated its willingness to undertake construction and maintenance of the road in line with other National Highways across the country.

Deliberations centred on land acquisition, compensation mechanisms, and the implications of adopting the National Highways Act, 1956. Participants noted that earlier State policies between 2018 and 2023 had constrained land compensation for NH projects. Although the State Cabinet in November 2023 resolved to allow compensation, the matter remains unresolved with the Centre due to concerns over the Act’s compatibility with Article 371(A) of the Constitution.

The Ministry has proposed declaring the Trans-Nagaland Highway as a National Highway, subject to the State providing a 30-metre Right of Way (RoW) free of cost. However, the majority view in the meeting was that such a provision is not feasible under current conditions. Stakeholders pointed out that only 12 metres of RoW is presently being provided free of cost for the ongoing intermediate-lane Foothill Road.

On the question of adopting the National Highways Act, 1956, the house broadly agreed that it should not be implemented if it infringes upon the protections guaranteed under Article 371(A). While acknowledging that the central legislation offers advantages over the State Act of 1965, several participants raised concerns that certain provisions could conflict with existing constitutional safeguards, leading to apprehensions among tribal stakeholders.

Elected members, including C.L. John, Nuklutoshi, Achumbemo Kikon, Zhaleo Rio, and Namri Nchang, urged citizens to cooperate on land matters to enable the development of durable and high-quality infrastructure. They appealed for a balanced approach that safeguards community interests while advancing long-term connectivity goals.

Minister Kaito stressed that tribal bodies must continue to support the ongoing Foothill Road works to ensure timely completion. He also emphasised that public organisations should not interfere in technical and departmental functions where competent authorities are already in place.

Responding to queries on NH-202, Zeliang clarified that delays in securing sanction for the project are linked to the pending decision on adopting the National Highways Act, 1956. He also cited technical issues in appointing a DPR consultant as a contributing factor, while expressing confidence that these challenges would be resolved soon.

As a way forward, the Deputy Chief Minister proposed a reduced 15-metre Right of Way to be provided free of cost. He directed that the proposal be finalised within 15 days through consultations with affected villages under respective District Planning and Development Boards (DPDBs).

He stated that the proposal would be submitted to the Ministry upon receiving written consent from all affected districts.

The meeting concluded with a consensus on continuing consultations at the grassroots level to arrive at a mutually acceptable framework, balancing infrastructure development with constitutional safeguards and community concerns.