I.A.(Civil)/212/2026 of THE STATE OF NAGALAND AND 4 ORS Vs SHRI NIECHOTSU S. VENUH AND 20 ORS on 6 October 2026

GAHC020005932026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/212/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, NAGALAND, KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER IN CHIEF PWD(NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD(NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK DISTRICT NAGALAN VERSUS SHRI NIECHOTSU S. VENUH AND 20 ORS S/O SHRI SOSAI, PERMANENT RESIDENT OF PHEK VILLAGE, PHEK, NAGALAND 2:SHRI SANIEHU NIENU S/O SHRI FVETSONU NIENU PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 3:SHRI KUVELUYI KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK

NAGALAND 4:SHRI SHEKUSAYI S/O SHRI DUNEHU PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND. 5:SHRI VEVODU HOSHI S/O SHRI KHUVOSA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 6:SHRI KUZHOYI RHAKHO S/O SHRI PUDUNU RHAKHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 7:SHRI THEPUCHHU S/O SHRI VENEKHU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 8:SHRI VEMPHE KEYHO S/O SHRI NIEDUTSO KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 9:SHRI ZHOPRUVE VENUH S/O SHRI SHEVOHU VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 10:SHRI SHEVODUYI VENUH S/O SHRI NECHORI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 11:SHRI VETSETHU S/O SHRI CHEKHUVE KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK

NAGALAND 12:SHRI THUPUKHOYI KEYHO S/O SHRI VESHEPA PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 13:SHRI NUKHOPA KEYHO S/O SHRI VECHIRE KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 14:SHRI DUCHIPA VENUH S/O SHRI HUVEYI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 15:SHRI VEKUDUYI VENUH S/O SHRI SUPOHU VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 16:SHRI CHOSHEZO HUIRE S/O SHRI KUDUYI HUIRE PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 17:SHRI DUVOTO VENUH S/O SHRI PUCHONEYI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 18:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN - 1 PARLIAMENT STREET NEW DELHI - 110001 19:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4 PARLIAMENT NEW DELHI - 110001 20:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 21:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENT BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : I.A.(Civil)/213/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER IN CHIEF PWD(NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD(NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK DISTRICT

NAGALAND VERSUS SHRI NIECHOTSU S. VENUH AND 20 ORS SON OF SHRI. SOSAI PERMANENT RESIDENT OF PHEK VILAGE PHEK NAGALAND 2:SHRI SANIEHU NIENU S/O SHRI FVETSONU NIENU PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 3:SHRI KUVELUYI KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 4:SHRI SHEKUSAYI S/O SHRI DUNEHU PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND. 5:SHRI VEVODU HOSHI S/O SHRI KHUVOSA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 6:SHRI KUZHOYI RHAKHO S/O SHRI PUDUNU RHAKHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 7:SHRI THEPUCHHU S/O SHRI VENEKHU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 8:SHRI VEMPHE KEYHO S/O SHRI NIEDUTSO KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK

NAGALAND 9:SHRI ZHOPRUVE VENUH S/O SHRI SHEVOHU VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 10:SHRI SHEVODUYI VENUH S/O SHRI NECHORI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 11:SHRI VETSETHU S/O SHRI CHEKHUVE KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 12:SHRI THUPUKHOYI KEYHO S/O SHRI VESHEPA PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 13:SHRI NUKHOPA KEYHO S/O SHRI VECHIRE KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 14:SHRI DUCHIPA VENUH S/O SHRI HUVEYI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 15:SHRI VEKUDUYI VENUH S/O SHRI SUPOHU VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 16:SHRI CHOSHEZO HUIRE S/O SHRI KUDUYI HUIRE PERMANENT RESIDENT OF PHEK VILLGE PHEK

NAGALAND 17:SHRI DUVOTO VENUH S/O SHRI PUCHONEYI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 18:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN - 1 PARLIAMENT STREET NEW DELHI - 110001 19:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4 PARLIAMENT NEW DELHI - 110001 20:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 21:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENT BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NIECHOTSU S. VENUH AND 20 ORS Linked Case : WA/42/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY

DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER IN CHIEF PWD(NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD(NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK DISTRICT NAGALAND VERSUS SHRI NIECHOTSU S. VENUH AND 20 ORS S/O SHRI SOSAI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 2:SHRI SANIEHU NIENU S/O SHRI FVETSONU NIENU PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 3:SHRI KUVELUYI KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 4:SHRI SHEKUSAYI S/O SHRI DUNEHU PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND. 5:SHRI VEVODU HOSHI S/O SHRI KHUVOSA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND

6:SHRI KUZHOYI RHAKHO S/O SHRI PUDUNU RHAKHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 7:SHRI THEPUCHHU S/O SHRI VENEKHU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 8:SHRI VEMPHE KEYHO S/O SHRI NIEDUTSO KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 9:SHRI ZHOPRUVE VENUH S/O SHRI SHEVOHU VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 10:SHRI SHEVODUYI VENUH S/O SHRI NECHORI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 11:SHRI VETSETHU S/O SHRI CHEKHUVE KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 12:SHRI THUPUKHOYI KEYHO S/O SHRI VESHEPA PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 13:SHRI NUKHOPA KEYHO S/O SHRI VECHIRE KEYHO PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND

14:SHRI DUCHIPA VENUH S/O SHRI HUVEYI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 15:SHRI VEKUDUYI VENUH S/O SHRI SUPOHU VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 16:SHRI CHOSHEZO HUIRE S/O SHRI KUDUYI HUIRE PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 17:SHRI DUVOTO VENUH S/O SHRI PUCHONEYI VENUH PERMANENT RESIDENT OF PHEK VILLGE PHEK NAGALAND 18:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN - 1 PARLIAMENT STREET NEW DELHI - 110001 19:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4 PARLIAMENT NEW DELHI - 110001 20:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 21:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENT BY ITS CHAIRMAN

PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NIECHOTSU S. VENUH AND 20 ORS

BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER

ORDER

Date : 07.10.2026 (Y Longkumer. J) The instant application under Section 5 of the Limitation Act, 1963, has been preferred, praying for condonation of delay of 96 days, in filing the connected Writ Appeal, against the impugned Judgment and Order dated 24.03.2026, passed by the learned Single Judge, in WP(C) No. 167/2024 and other analogous matters. Heard Ms. V Suokhrie, learned Addl. Advocate General, State of Nagaland, appearing for the appellants and Mr. I Imchen, learned Counsel appearing on behalf of the respondent. The reasons for the delay have been set-out in paragraph 4 of the instant application, whereby, it is stated that the delay was not intentional or due to negligence or lapses on the part of the applicant. But, due to the fact that the concerned Department has received the Court’s common Judgment and Order dated 24.03.2026, in the second week of April, 2026,

and after receiving the same, the department had examined the matter and the Chief Engineer, PWD, (NH), Nagaland, had written to the Government, vide letter dated 08.06.2026, to prefer an appeal against the said Judgment and Order and asking for further necessary instructions. Thereafter, a meeting was held on 05.06.2026, between the Commissioner & Secretary, Dept. of Works and Housing, Nagaland

and

Chief

Engineer

(PWD),

(NH), Nagaland, to discuss the matter, as the petitioner had undertook not to raise any claims on the land, while accepting the damage compensation. Accordingly, it was decided to file the appeal against the common Judgment and Order dated 24.03.2026. Thereafter, vide a letter dated 10.06.2025, the Addl. Secretary, Dept. of Works and Housing, Nagaland, had instructed the Addl. Advocate General, Nagaland to file an appeal against the common Judgment and Order dated 24.03.2026 and the said letter was received by the Office of the Addl. Advocate General, Nagaland, on 07.07.2026 and thereafter, after taking some time for preparation and drafting, the appeal was filed on 09.09.2026. Ms. V Suokhrie, learned Addl. Advocate General, State of

Nagaland, therefore, submits that the appellants have taken steps, in earnest, in filing the connected Writ Appeal and prays that the delay of 96 days may be condoned. Mr. I Imchen, learned Counsel appearing on behalf of the respondents has submitted that he has no objection regarding the delay and that the matter may be heard on merit. In view of the above facts and circumstances, we are of the view that the appellants/applicants have been able to show sufficient cause for the delay of 96 days and accordingly, the present Interlocutory Application is allowed and the delay of 96 days is condoned. Registry shall list the connected Writ Appeal for Admission on 28.10.2026.

Sd/-

JUDGE Comparing Assistant