Gauhati High Court

I.A.(Civil)/237/2026 of THE STATE OF NAGALAND AND 4 ORS Vs SHRI KUCHONGOYO TUNYI AND 13 ORS on 6 October 2026

GAHC020006322026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/237/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND. 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND

GAHC020006322026

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL

PRADESH)

KOHIMA BENCH

Case No. : I.A.(Civil)/237/2026

THE STATE OF NAGALAND AND 4 ORS

REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND. 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 NAGALAN

VERSUS

SHRI KUCHONGOYO TUNYI AND 13 ORS

SON OF DUSANYO, PERMANENT R/O RD BLOCK KIKRUMA PHEK DISTRICT- 797108, NAGALAND2:SHRI PULOHU VERO

SON OF LT. ABO

PERMANENT R/O KIKRUMA VILLAGE

PHEK DISTRICT-797108

3:SHRI THENUVEYI THULUO

SON OF LT. HONU THULUO

PERMANENT R/O KIKRUMA VILLAGE

PHEK DISTRICT-797108

4:SHRI ZACUP CHOTSO

SON OF LT. NGORUNYI CHOTSO

Page 1 of 9

PHEK DISTRICT-797108

Page No.# 2/10

5:SHRI CIEKROKHOYI ROSE

SON OF LT. POSATSO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK

NAGALAND-797108

6:SHRI VEZHUYI CHUZHO

SON OF VETSORU CHUZHO

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

7:SHRI VEHUPA ROSE

SON OF LT. HUVECHO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

8:SHRI MULUVOYI

SON OF LT. RAYI

PERMANENT R/O RUKIZU COLONY PFUTSERO

PHEK DISTRICT-797108

9:SHRI VEHUPA ROSE AND PARTY

SON OF LT. HUVECHO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

10:SHRI KEVEPOYI DIZUMO

SON OF LT. HURITSO DIZUMO

PERMANENT R/O ZHIPA COLONY PFUTSERO

PHEK DISTRICT-797108

11: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

12:THE NHIDCL

REPRESENTED BY THE MANAGING DIRECTOR

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

GOVT. OF INDIA

3RD FLOOR PTI BUILDING

4 PARLIAMENT STREET

NEW DELHI-110001

Page 2 of 9

13:THE EXECUTIVE DIRECTOR NHIDCL (P)

NAGALAND KOHIMA

14:THE VILLAGE COUNCIL

PFUTSERO VILLAGE

REPRESENTED BY IT CHAIRMAN

PHEK NAGALAND-79710

Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : I.A.(Civil)/238/2026

THE STATE OF NAGALAND AND 4 ORS

REPRESENTED BY THE CHIEF SECRETARY

GOVT. OF NAGALAND.

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 NAGALAND

VERSUS

SHRI KUCHONGOYO TUNYI AND 13 ORS

SON OF DUSANYO

PERMANENT R/O RD BLOCK KIKRUMA PHEK DISTRICT-797108

NAGALAND

2:SHRI PULOHU VERO

SON OF LT. ABO

PERMANENT R/O KIKRUMA VILLAGE

PHEK DISTRICT-797108

3:SHRI THENUVEYI THULUO

Page 3 of 9

SON OF LT. HONU THULUO

PERMANENT R/O KIKRUMA VILLAGE

PHEK DISTRICT-797108

4:SHRI ZACUP CHOTSO

SON OF LT. NGORUNYI CHOTSO

PERMANENT R/O RUKIZU COLONY PFUTSERO

PHEK DISTRICT-797108

5:SHRI CIEKROKHOYI ROSE

SON OF LT. POSATSO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK

NAGALAND-797108

6:SHRI VEZHUYI CHUZHO

SON OF VETSORU CHUZHO

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

7:SHRI VEHUPA ROSE

SON OF LT. HUVECHO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

8:SHRI MULUVOYI

SON OF LT. RAYI

Page 4 of 9

PHEK DISTRICT-797108

9:SHRI VEHUPA ROSE AND PARTY

SON OF LT. HUVECHO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

10:SHRI KEVEPOYI DIZUMO

SON OF LT. HURITSO DIZUMO

PERMANENT R/O ZHIPA COLONY PFUTSERO

PHEK DISTRICT-797108

11: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

Page No.# 5/10

12:THE NHIDCL

REPRESENTED BY THE MANAGING DIRECTOR

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

GOVT. OF INDIA

3RD FLOOR PTI BUILDING

4 PARLIAMENT STREET

NEW DELHI-110001

13:THE EXECUTIVE DIRECTOR NHIDCL (P)

NAGALAND KOHIMA

14:THE VILLAGE COUNCIL

PFUTSERO VILLAGE

REPRESENTED BY IT CHAIRMAN

PHEK NAGALAND-797108

------------

Advocate for : GOVT ADV NL

Advocate for : appearing for SHRI KUCHONGOYO TUNYI AND 13 ORS

Linked Case : WA/52/2026

THE STATE OF NAGALAND AND 4 ORS

REPRESENTED BY THE CHIEF SECRETARY

GOVT. OF NAGALAND.

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 NAGALAND

VERSUS

SHRI KUCHONGOYO TUNYI AND 13 ORS

SON OF DUSANYO

PERMANENT R/O RD BLOCK KIKRUMA PHEK DISTRICT-797108

NAGALAND

2:SHRI PULOHU VERO

Page 5 of 9

SON OF LT. ABO

PERMANENT R/O KIKRUMA VILLAGE

PHEK DISTRICT-797108

3:SHRI THENUVEYI THULUO

SON OF LT. HONU THULUO

PERMANENT R/O KIKRUMA VILLAGE

PHEK DISTRICT-797108

4:SHRI ZACUP CHOTSO

SON OF LT. NGORUNYI CHOTSO

PERMANENT R/O RUKIZU COLONY PFUTSERO

PHEK DISTRICT-797108

5:SHRI CIEKROKHOYI ROSE

SON OF LT. POSATSO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK

NAGALAND-797108

6:SHRI VEZHUYI CHUZHO

SON OF VETSORU CHUZHO

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

7:SHRI VEHUPA ROSE

SON OF LT. HUVECHO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

8:SHRI MULUVOYI

SON OF LT. RAYI

Page 6 of 9

PHEK DISTRICT-797108

9:SHRI VEHUPA ROSE AND PARTY

SON OF LT. HUVECHO ROSE

PERMANENT R/O PHUSACHODU VILLAGE

PHEK DISTRICT-797108

10:SHRI KEVEPOYI DIZUMO

SON OF LT. HURITSO DIZUMO

PERMANENT R/O ZHIPA COLONY PFUTSERO

PHEK DISTRICT-797108

11:THE UNION OF INDIA

REPRESENTED BY THE SECRETARY

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

Page No.# 7/10

GOVT. OF INDIA

TRANSPORT BHAWAN 1

PARLIAMENT STREET

NEW DELHI-110001

12:THE NHIDCL

REPRESENTED BY THE MANAGING DIRECTOR

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

GOVT. OF INDIA

3RD FLOOR PTI BUILDING

4 PARLIAMENT STREET

NEW DELHI-110001

13:THE EXECUTIVE DIRECTOR NHIDCL (P)

NAGALAND KOHIMA

14:THE VILLAGE COUNCIL

PFUTSERO VILLAGE

REPRESENTED BY ITS CHAIRMAN

PHEK NAGALAND-797108

------------

Advocate for : GOVT ADV NL

Advocate for : appearing for SHRI KUCHONGOYO TUNYI AND 13 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.

Page 7 of 9

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.

Page 8 of 9

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

Page 9 of 9

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