Gauhati High Court
I.A.(Civil)/249/2026 of THE STATE OF NAGALAND AND 4 ORS Vs SHRI NEITELO AND 15 ORS on 6 October 2026
GAHC020006292026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/249/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND
GAHC020006292026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
KOHIMA BENCH
Case No. : I.A.(Civil)/249/2026
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
NAGALAN
VERSUS
SHRI NEITELO AND 15 ORS
SON OF SHRI HIKEMVU, PERMANENT R/O LOSAMI VILLAGE, PHEK
NAGALAND
2:SHRI NEIKHWEZO
S/O OF SHRI MESETSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
3:SHRI NEIZOSHE
SON OF SHRI KEWECHULO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
4:SHRI NEIKEWE MEBOU
SON OF LT. WECHIZU MEBOU
Page 1 of 10
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
5:SHRI NEITSOWE KEPFOH
SON OF LT. WEZOTSO KEPFOH
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
6:SHRI MESEPELO AKAMI
SON OF LT. WEKHALO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
7:SHRI NEITSOTE
SON OF SHRI KHUPERE
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
8:SHRI HILO
SON OF SHRI NEIWETSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
9:SHRI CHEWUTE AKAMI
SON LT. DISELO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
10:SHRI WEKHORSOLO AKAMI
SON OF SHRI WEYELO AKAMI
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
11:SHRI REKHWE
SON OF SHRI KEKHWEPFULO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
12:SHRI KEDUWE THEKE
SON OF SHRI NGUTSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
13:THE UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
GVT. OF INDIA
TRANSPORT BHAWAN 1
Page 2 of 10
PARLIAMENT STREET
NEW DELHI-110001
14: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
15:THE EXECUTIVE DIRECTOR
NHIDCL (P)
NAGALAND KOHIMA
16:THE VILLAGE COUNCIL
LOSAMI VILLAGE
REPRESENTED BY ITS CHAIRMAN
PHEK NAGALAN
Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/53/2026
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
Page 3 of 10
PHEK NAGALAND
VERSUS
SHRI NEITELO AND 15 ORS
SON OF SHRI HIKEMVU
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
2:SHRI NEIKHWEZO
SO OF SHRI MESETSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
3:SHRI NEIZOSHE
SON OF SHRI KEWECHULO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
4:SHRI NEIKEWE MEBOU
SON OF LT. WECHIZU MEBOU
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
5:SHRI NEITSOWE KEPFOH
SON OF LT. WEZOTSO KEPFOH
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
6:SHRI MESEPELO AKAMI
SON OF LT. WEKHALO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
7:SHRI NEITSOTE
SON OF SHRI KHUPERE
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
8:SHRI HILO
SON OF SHRI NEIWETSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
9:SHRI CHEWUTE AKAMI
SON LT. DISELO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
Page 4 of 10
10:SHRI WEKHORSOLO AKAMI
SON OF SHRI WEYELO AKAMI
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
11:SHRI REKHWE
SON OF SHRI KEKHWEPFULO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
12:SHRI KEDUWE THEKE
SON OF SHRI NGUTSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
13:THE UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
GVT. OF INDIA
TRANSPORT BHAWAN 1
PARLIAMENT STREET
NEW DELHI-110001
14: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
15:THE EXECUTIVE DIRECTOR
NHIDCL (P)
NAGALAND KOHIMA
16:THE VILLAGE COUNCIL
LOSAMI VILLAGE
REPRESENTED BY ITS CHAIRMAN
PHEK NAGALAND
------------
Advocate for : GOVT ADV NL
Advocate for : appearing for SHRI NEITELO AND 15 ORS
Linked Case : I.A.(Civil)/250/2026
Page 5 of 10
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 NAGALAND
VERSUS
SHRI NEITELO AND 15 ORS
SON OF SHRI HIKEMVU
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
2:SHRI NEIKHWEZO
SO OF SHRI MESETSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
3:SHRI NEIZOSHE
SON OF SHRI KEWECHULO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
4:SHRI NEIKEWE MEBOU
SON OF LT. WECHIZU MEBOU
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
5:SHRI NEITSOWE KEPFOH
SON OF LT. WEZOTSO KEPFOH
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
6:SHRI MESEPELO AKAMI
SON OF LT. WEKHALO
PERMANENT R/O LOSAMI VILLAGE
Page 6 of 10
PHEK NAGALAND
7:SHRI NEITSOTE
SON OF SHRI KHUPERE
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
8:SHRI HILO
SON OF SHRI NEIWETSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
9:SHRI CHEWUTE AKAMI
SON LT. DISELO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
10:SHRI WEKHORSOLO AKAMI
SON OF SHRI WEYELO AKAMI
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
11:SHRI REKHWE
SON OF SHRI KEKHWEPFULO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
12:SHRI KEDUWE THEKE
SON OF SHRI NGUTSOLO
PERMANENT R/O LOSAMI VILLAGE
PHEK NAGALAND
13:THE UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
GVT. OF INDIA
TRANSPORT BHAWAN 1
PARLIAMENT STREET
NEW DELHI-110001
14: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
Page 7 of 10
15:THE EXECUTIVE DIRECTOR
NHIDCL (P)
NAGALAND KOHIMA
16:THE VILLAGE COUNCIL
LOSAMI VILLAGE
REPRESENTED BY ITS CHAIRMAN
PHEK NAGALAND
------------
Advocate for : GOVT ADV NL
Advocate for : appearing for SHRI NEITELO AND 15 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
Page 8 of 10
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
Page 9 of 10
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
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