Gauhati High Court

COP(C)/26/2026 of NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD AND ANR Vs B. HENOK BUCHEM AND 62 ORS on 14 October 2026

2026:GAU-NL:555

GAHC020004062026 2026:GAU-NL:555 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : COP(C)/26/2026 NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD AND ANR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA, 3RD

GAHC020004062026 2026:GAU-NL:555

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : COP(C)/26/2026 NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD AND ANR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA, 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI - 110001. AND PRESENTLY SITUATED AT 1ST AND 2ND FLOOR, TOWER - A, WORLD TRADFE CENTRE NAUROJI NAGAR, NEW DELHI - 110029 AND REPRESENTED BY THE EXECUTIVE DIRECTOR (P), NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. R.O - KOHIMA PWD COLONY, KOHIMA, NAGALAND 2: THE EXECUTIVE DIRECTOR (P) NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. RO - KOHIMA PWD COLONY KOHIMA NAGALAND - 79700 VERSUS B. HENOK BUCHEM AND 62 ORS THE DEPUTY COMMISSIONER KOHIMA, DISTRICT - KOHIMA, NAGALAND 2:MR. KEVILETUO YIESE S/O LATE SATUO YIESE R/O SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND.

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3:MR ZELUOLIE KIRE S/O DUOLIE KIRE R/O SEIKHAZOU D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 4:MR. KEZEVITUO KERETSU S/O LATE THEPFULE-U D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 5:MR. RUOKUOSATO KERETSU S/O KONHE KERETSU D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 6:MR. KHRIESAKUOLIE KIRE S/O LATE ZELHOULIE KIRE D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 7:MR. NEILAZETUO KIRE S/O LATE KELUOKIELIE KIRE R/O SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 8:MR KENEILETUO KIRE S/O LATE NEILASAKUOLIE KIRE R/O LOWER SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 9:MR. LHOULABEITUO KHEZHIE S/O LATE M. ZELHOULIE KHEZHIE D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 10:MR. MESEKHRIETUO KHEZHIE S/O LATE AVIU KHEZGIE D KHEL

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KOHIMA VILLAGE KOHIMA NAGALAND 11:MR. VIBEIZOTUO KEDITSU S/O LATE VITSU KEDITSU D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 12:MR. PEKRUVOTSO KIRE S/O LATE VILHOUTSO KIRE R/O SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 13:MR. KEDUONEIU SACHU S/O LATE B.KHRIEZOTUO SACHU D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 14:MR DIETHOSELHOU SACHU S/O LATE D SACHU D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 15:ER. V. NEIBA PIENYU S/O LATE KETSEIU PEINYU D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 16:MR RUOKUOVI KEDITSU S/O LATE NEILASAKUOLIE KIRE R/O SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 17:MR KENEILHOULIE KEDITSU S/O LATE NEINGULIE KEDITSU D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 18:MR. KO-O KEDITSU

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S/O LATE RHICHA R/O SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 19:MR METSEI PIENYU S/O LATE KEMIERHU PIENYU R/O SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 20:PIENYU CLAN REPRESENTED BY MR. METSEI PIENYU S/O KEMIERHU R/O D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 21:DR. LHOUTSOULIE KUOTSU S/O LATE KUOLHOU R/O SEIKHAZOU COLONY D KHEL KOHIMA VILLAGE KOHIMA NAGALAND 22:MR VITHALIETUO KIRE S/O LATE VILHOUTSO KIRE R/O SEIKHAZOU COLONY D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 23:MR. RUOKUOSAZO SACHU R/O SEIKHAZOU COLONY D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 24:MR. KIKRULHOULIE KHEZHIE R/O SEIKHAZOU COLONY D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 25:MR. KEVINGUZHU KIRE R/O SEIKHAZOU COLONY

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D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 26:MR KEDIINGULIE KERETSU R/O LERIE COLONY KOHIMA NAGALAND 27:MR. MEDOKIETUO KERETSU R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 28:MR KENEICHA PIENYU D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 29:MR. KELUONGUZO KERETSU D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 30:MR. CHUPFULHOU KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 31:MS NEITSEITUNUO KERETSU R/O BASAZOU D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 32:MR R.BEILIE SORHIE R/O KITSUBOZOU KOHIMA NAGALAND 33:MR KEKHRIENGULIE KHEZHIE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 34:MR. METHANEILIE SUOKHRIE R/O L-KHEL KOHIMA NAGALAND NAGALAND KOHIMA

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35:MR. NEISEVOTUO SORHIE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 36:DR. KEHOUSETUO KUOTSU R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 37:MR. RHEIZEZOLIE PIENYU R/O LOWER CHANDMARI COLONY KOHIMA NAGALAND 38:MR. THEJASETUO KERETSU R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 39:MR. MIAZIEZOLIE KERETSU R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 40:MR NEIKUOZO KIRE R/O NPHIECHA D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 41:MS. NEIKETUOZONUO KHEZHIE R/O SEIKHAZOU COLONY D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 42:MR VIZOVOTUO KEDITSU R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 43:MR RUOKUOVIU KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 44:KITSUOWHELIE KHEZHIE R/O D. KHEL

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KOHIMA VILLAGE KOHIMA NAGALAND 45:MR. ZAKIEVOU SACHU R/O KOHIMA VILLAGE KOHIMA NAGALAND 46:MR. VISANYU KIRE R/O MISSION COMPOUND KOHIMA NAGALAND 47:MR SIETUO KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 48:MR ALBERT KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 49:MR NEISAKUOLIE KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 50:MR KETOUNEI KIRE R/O KIREPFURO CHIENUO D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 51:MR MEDOLEZO KIRE R/O FOREST COLONY NAGALAND KOHIMA 52:MR. VILASIELIE PIENYU R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 53:MR. SECHALIE KHEZHIE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 54:MR NEIKEYIE KHEZHIE R/O A.G. COLONY

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NAGALAND KOHIMA 55:MR ZHAVITO RHUTSO R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 56:MR. SAVITUO KHEZHIE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 57:MR RUOKUOBEIZO KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 58:MS VIKEZELIE KHEZHIE R/O SEIKHAZOU COLONY D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 59:MS KEVIRHEINUO KHEZHIE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 60:MS ZENEISEI-U KIRE R/O KITSUBOZOU COLONY NAGALAND KOHIMA 61:MR. VIPHRELIE KERETSU R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 62:MR KIKRUKHRIELIE KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 63:MR KEKHRIESETUO KIRE R/O D. KHEL KOHIMA VILLAGE KOHIMA NAGALAN Advocate for the Petitioner : P J SAIKIA, K J SAIKIA,ASENLA

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LONGKUMER,AKHRIEU CHUSI Advocate for the Respondent : V. ZHIMOMI (R-1), BEFORE HONBLE MR JUSTICE NCHUMBEMO MOZHUI O R D E R (ORAL) 15.10.2026 Heard Mr. Akhrieu Chusi, learned counsel for the Petitioners. Also heard Mr. Veto V. Zhimomi, learned counsel for Respondent No. 1 and Ms. Lhousino, learned counsel for Respondent Nos. 2 to 63.

2. This hon’ble Court, by Order dated 25.06.2025 in I.A. (Civil)/98/2025 arising out of WA/6/2025 had directed the State Government and its instrumentalities including the Deputy Commissioner and the local Police authorities to ensure maintenance of law and order and to extend all necessary protection and cooperation to the Contractor and Implementing Agency to facilitate unhindered progress of the project. Further the Authorities were directed to personally monitor the construction and take immediate action on any complaint of obstruction or law and order issue relating to the construction work.

3. It is the contention of the Petitioners that inspite of such directions issued, the Respondents in the instant contempt petition has not complied with the direction of this Court. As such, the contempt petition has been initiated against the Respondents.

4. On the other hand, Mr. Veto V. Zhimomi, learned Government

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Advocate for Respondent No. 1 submits that in compliance of this Court’s Order dated 25.05.2025, the Respondent No. 1 has issued a Circular No. DC(K)/REV/2-LANE/KMA-BYPASS/2019(Part)/92B dated 17.07.2025, calling for a joint inspection for ROW demarcation including all the landowners as well as the stakeholders. Thereafter, another Circular No. DC(K)/REV/2- LANE/KMA-BYPASS/2019(Part)/136B dated 30.07.2025 for joint inspection of ROW demarcation. Thereafter, a Letter No. DC(K)/REV/2-LANE/KMA- BYPASS/2019(Part)/304 ‘B’ dated 25.09.2025, the Respondent No. 1 wrote to the Petitioners’ Authority with regard to the removal of standing structure on the proposed road construction.

5. Accordingly, by Letter No. WP(C)NO.50/2022/19C dated 15.01.2026, the Respondent No. 1 wrote to the Petitioners’ Authority with regard to the Compliance Report in terms of the direction passed in Order dated 25.06.2025, in I.A.(Civil)/98/2025.

6. Ms. Lhousino, learned counsel appearing for the Respondent Nos. 2 to 63 submits that in view of the direction of the Court in Order dated 25.06.2025, the Respondents have restrained themselves from interfering into the works as being carried out by the Petitioners and their Agencies and as of date, they are complying with the direction of this Court.

7. Heard the parties and on perusal of the Records and the affidavits filed by the Respondents, more particularly Respondent No. 1, it appears that in compliance with the Court’s Order dated 25.06.2025, appropriate steps have been taken with regard to maintaining law and order and appropriate execution of the work by the EPC Contractors whereby the

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administration has taken up steps for non-interference by the landowners, which has not been denied/refuted by the Petitioners at this stage.

8. This Court has also further taken consideration of the undertaking made by the Respondent Nos. 2 to 63 who are the landowners and also the Respondents in the WA/6/2025. The undertaking is to the extent that they are not disrupting the progress of the work after the Court’s Order was passed and they are continuing the same till date.

9. In view of the submission made by the Respondents it appears that no case is being made out by the Petitioners calling for interference of this Court by initiating contempt proceedings against the Respondents at this stage. Further, in terms of the direction of the Court, due compliance has been effected by the Respondent No. 1 in particular and also Respondent Nos. 2 to 63 and as such, at this stage, the contempt needs to be closed for the aforesaid reason.

10. Accordingly, the contempt petition is closed. No order as to cost.

11. The closure of this contempt petition will not be a bar for the Petitioner or its implementing agencies to approach the appropriate authority if there is no hindrance so far as the construction of the road is concerned.

JUDGE Comparing Assistant

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