Gauhati High Court

I.A.(Civil)/172/2026 of Smt. R. Lalchhumi and 16 Ors. Vs Union of India and 11 Ors. on 9 September 2026

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GAHC030006682026 THE GAUHATI

GAHC030006682026

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/172/2026

Smt. R. Lalchhumi and 16 Ors.

D/o Sh. Hrangchhuana (L)

R/o Venglai, Tlabung, Lunglei District, Mizoram - 796751

VERSUS

Union of India and 11 Ors.

R/b Secretary to the Govt. of India, Ministry of Road Transport and Highway, Transport Bhawan, Sansad Marg, Parliament Street, New Delhi - 110001

Advocate for the Petitioner : Ms. Jacinta Zothanmawii Advocate for the Respondent :

Linked Case : WP(C)/136/2025

Smt. R. Lalchhumi and 16 Ors.

D/o Sh. Hrangchhuana (L)

R/o Venglai

Tlabung

Mizoram

2: Smt. B. Ramropuii

D/o B. Lalbuka

R/o Tlabung

3: Smt. B. Laldampuii

D/o B. Lalbuka

R/o Tlabung

4: Smt. Lalthlamuani

W/o J. Lalnghaka (L)

R/o Veng Chhak

Tlabung

5: Sh. Laltlanzova

S/o C. Biaklawra (L)

R/o Ramhlun Venglai

Aizawl

6: Smt. PC Lalawmpuii

D/o Sh. Kailuia (L)

R/o Tlabung

Mizoram

7: Smt. T. Lalkungi

W/o Sh. Liansanga (L)

R/o Vengchhak

Tlabung

Mizoram

8: Sh. Liandawla

S/o T. Lalrenga (L)

R/o Tlabung

9: Sh. C. Lalthanga

S/o Hrangchuailova (L)

R/o Vengchhak

Tlabung

Mizoram

10: Smt. Thangluahkimi

W/o Rochhunga (L)

R/o Vengchhak

Tlabung

Mizoram

11: Sh. Sairengpuia

S/o Zosangliana

R/o Zodin

Tlabung

Mizoram

12: Sh. Lalthantluanga Pautu

S/o Rochhunga (L)

R/o Vengchhak

Tlabung

Mizoram

13: Sh. A. Nanda Kumar Singh

S/o Kameshor Singh

R/o Zoding Electrict Veng

Tlabung

14: Sh. Lalthanmawia

S/o C. Biaklawra (L)

R/o Ramhlun Venglai

Aizawl

15: Sh. P. Lalhmingthanga

S/o P. Lalzara (L)

R/o Vengchhak

Tlabung

Mizoram

16: Sh. P. Vanlalmuanpuia

S/o P. Vanlalmawia

R/o Zodin

Tlabung

Mizoram

17: Smt. Lalzawmpuii

D/o Sh. P. Lalthlamuana (L)

R/o Venglai

Tlabung

Mizoram

VERSUS

The Union of India r/b Secretary to the Govt. of India and 11 Ors.

Ministry of Road Transport and Highways

Transport Bhawan

Sandad Marg

Parliament Street

New Delhi -110001

2:The Regional Officer

Govt. of India

Ministry of Raod Transport and Highways

Regional Office (Civil)

Guwahati

1st

2nd and 3rd floor

H/No. 5

Rajgard Road

Chandmari

Guwahati

Assam - 781003

3:The Union of India r/b the Principal Secretary to the Govt. of India Ministry of Environment Forest and Climate Change Indira Paryavaran Bhawan Jorbagh Road New Delhi-110003

India

4:The State of Mizoram r/b the Commissioner and Secretary to the Govt. of Mizoram Environment Forest and Climate Change Department Mizoram Aizawl 5:The Principal Chief Conservator of Forest Environment Forest and CDlimate Change Department Mizoram Aizawl 6:The Divisional Forest Officer Tlabung Forest Division Tlabung Mizoram 7:The State of Mizoram r/b the Commissioner and Secretary to the Govt.

Land Revenue and Settlement Department

Mizoram

Aizawl

8:The Director

Land Revenue and Settlement Department

Mizoram

Aizawl

9:The Settlement Officer

Land Revenue and Settlement Department

Lunglei District

Lunglei

10:The National Highways and Infrastructure Development Corporation Limited r/b Managing Director 3rd Floor PTI Building

4

Parliament Street

New Delhi - 110001

11:The National Highways and Infrastructure Development Corporation Limited (NHIDCL)

R/b the Executive Director (P)

Regional Office - H/No. T-86

3rd Floor

Tuikhuahtlang

Aizawl

Mizoram

12:The District Collector/Deputy Commissioner (CALA)

Lunglei District

Lunglei

Mizoram

Advocate for the Petitioner : Ms. Jacinta Zothanmawii Advocate for the Respondent : Addl. AG/GA

Mizoram for R 4-9

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

10.09.2026 Heard Ms. Jacinta Zothanmawii, learned counsel for the applicants. Also heard Ms. Zairemsangpuii, learned CGC for the respondent Nos. 1 to 3; Ms. Lalnunhlui, learned Government Advocate for the respondent Nos. 4 to 9 as well as Mr. Philip Vanlalhruaia, learned counsel for the respondent Nos. 10 & 11. This interlocutory application under Order XXII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 is filed for substitution of the deceased petitioner No. 11, namely, Sairengpuia in the connected WP(C) No. 136/2025 by his biological mother Smt. Lalhmingsangi. It appears that during the pendency of the connected writ proceeding, the petitioner No. 11 expired due to illness on 03.06.2026. A copy of the death certificate is annexed as Annexure-1 to the instant application. Since upon the expiry of the petitioner No. 11, he is survived by his biological mother, applicant No. 11 herein, right to sue being surviving, the present interlocutory application has been filed for substitution of the present applicant No. 11 in place of the deceased petitioner No. 11 in the connected writ petition. Learned counsel for the respondents submits that they have received no instruction to oppose the prayer for substitution. Upon hearing the learned counsels for the parties and having considered the materials available on record, it appears that upon the petitioner No. 11 having expired during the pendency of the connected writ proceedings, the right to sue being survived by his mother, the applicant who being the mother of the petitioner No. 11 is required to be substituted in the connected writ petition. Accordingly, the prayer for substitution is allowed.

The applicant No. 11, namely, Smt. Lalhmingsangi be substituted in place of the deceased petitioner No. 11, Sairengpuia in the connected WP(C) No. 136/2025. Let an amended cause title be submitted before the Registry for doing the needful in this regard. With the above observation and direction, the instant interlocutory application, stands allowed and disposed of.

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