I.A.(Civil)/244/2026 of THE STATE OF NAGALAND AND 4 ORS Vs SHRI KEDUKHAHI AKAMI AND 28 ORS on 6 October 2026

GAHC020006222026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/244/2026 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 KEDUKHAHI AKAMI AND 28 ORS S/O SHRI ZEKHWENYI, PERMANENT RESIDENT OF LOSAMI VILLAGE, PHEK, NAGALAND - 797108 2:SHRI ZASETA S/O LATE PEHINI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 3:SHRI HIWECHEZO TARA S/O SHRI HIWECHEZO TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108

4:SHRI KEWEPE MEKRISUH S/O SHRI GEPFTULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 5:SHRI NIZOTE K. KHAMO S/O SHRI HICHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 6:SMTI. T.K. KEWETSHEU S/O SHRI KERENGULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 7:SHRI ZEWEKU S/O SHRI KEZUKHWE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 8:SHRI NEINGUZO S/O SHRI MESENGULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 9:SHRI TASETSOLO S/O SHRI PUKEYE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 10:SHRI NEIWULO LASUH S/O LATE RHILO LASUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 11:SHRI KEDUTE S/O SHRI KEWECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108

12:SHRI NEITSOWE KEPFOH S/O LATE WEZOTSO KEPFOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 13:SHRI NEIPETSOLO TARA S/O SHRI ZUPEHILO TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 14:SHRI KEWEHITE MEKRISUH S/O SHRI KEHISHENYI MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 15:SHRI NEIHITE AKAMI S/O SHRI ZEKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 16:SHRI WEWUTSO AKAMI S/O SHRI HIKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 17:SHRI NEISEZO MEKRISUH S/O SHRI KEKHWEWELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 18:SHRI NEIWELO MEKRISUH S/O SHRI KEKHWELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 19:SHRI MESEWETE MEKRISUH S/O SHRI KEKHWETSU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108

20:SHRI KOSHE KANUOH S/O SHRI KEWEPELO KANUOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 21:SHRI WEWUHI S/O SHRI KEWEPELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 22:SHRI WEZOWU S/O SHRI WENYIETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 23:SHRI WEPUTSO K. TARA S/O SHRI KEWEHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 24:SHRI NEIWEPE KEPFO S/O SHRI P. KEWEZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 25:SHRI KOWETE MEKRISUH S/O SHRI ERIKHWELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 26: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 27: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 28:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND - 79710 Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/57/2026 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 NAGALAND VERSUS SHRI KEDUKHAHI AKAMI AND 28 ORS S/O SHRI ZEKHWENYI

PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 2:SHRI ZASETA S/O LATE PEHINI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 3:SHRI HIWECHEZO TARA S/O SHRI HIWECHEZO TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 4:SHRI KEWEPE MEKRISUH S/O SHRI GEPFTULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 5:SHRI NIZOTE K. KHAMO S/O SHRI HICHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 6:SMTI. T.K. KEWETSHEU S/O SHRI KERENGULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 7:SHRI ZEWEKU S/O SHRI KEZUKHWE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 8:SHRI NEINGUZO S/O SHRI MESENGULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 9:SHRI TASETSOLO S/O SHRI PUKEYE

PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 10:SHRI NEIWULO LASUH S/O LATE RHILO LASUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 11:SHRI KEDUTE S/O SHRI KEWECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 12:SHRI NEITSOWE KEPFOH S/O LATE WEZOTSO KEPFOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 13:SHRI NEIPETSOLO TARA S/O SHRI ZUPEHILO TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 14:SHRI KEWEHITE MEKRISUH S/O SHRI KEHISHENYI MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 15:SHRI NEIHITE AKAMI S/O SHRI ZEKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 16:SHRI WEWUTSO AKAMI S/O SHRI HIKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 17:SHRI NEISEZO MEKRISUH S/O SHRI KEKHWEWELO

PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 18:SHRI NEIWELO MEKRISUH S/O SHRI KEKHWELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 19:SHRI MESEWETE MEKRISUH S/O SHRI KEKHWETSU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 20:SHRI KOSHE KANUOH S/O SHRI KEWEPELO KANUOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 21:SHRI WEWUHI S/O SHRI KEWEPELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 22:SHRI WEZOWU S/O SHRI WENYIETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 23:SHRI WEPUTSO K. TARA S/O SHRI KEWEHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 24:SHRI NEIWEPE KEPFO S/O SHRI P. KEWEZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 25:SHRI KOWETE MEKRISUH

S/O SHRI ERIKHWELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 26: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 27: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 28:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND - 797108 ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI KEDUKHAHI AKAMI AND 28 ORS Linked Case : I.A.(Civil)/245/2026 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 NAGALAND VERSUS SHRI KEDUKHAHI AKAMI AND 28 ORS S/O SHRI ZEKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 2:SHRI ZASETA S/O LATE PEHINI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 3:SHRI HIWECHEZO TARA S/O SHRI HIWECHEZO TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 4:SHRI KEWEPE MEKRISUH S/O SHRI GEPFTULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 5:SHRI NIZOTE K. KHAMO S/O SHRI HICHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 6:SMTI. T.K. KEWETSHEU S/O SHRI KERENGULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 7:SHRI ZEWEKU

S/O SHRI KEZUKHWE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 8:SHRI NEINGUZO S/O SHRI MESENGULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 9:SHRI TASETSOLO S/O SHRI PUKEYE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 10:SHRI NEIWULO LASUH S/O LATE RHILO LASUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 11:SHRI KEDUTE S/O SHRI KEWECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 12:SHRI NEITSOWE KEPFOH S/O LATE WEZOTSO KEPFOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 13:SHRI NEIPETSOLO TARA S/O SHRI ZUPEHILO TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 14:SHRI KEWEHITE MEKRISUH S/O SHRI KEHISHENYI MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 15:SHRI NEIHITE AKAMI

S/O SHRI ZEKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 16:SHRI WEWUTSO AKAMI S/O SHRI HIKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 17:SHRI NEISEZO MEKRISUH S/O SHRI KEKHWEWELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 18:SHRI NEIWELO MEKRISUH S/O SHRI KEKHWELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 19:SHRI MESEWETE MEKRISUH S/O SHRI KEKHWETSU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 20:SHRI KOSHE KANUOH S/O SHRI KEWEPELO KANUOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 21:SHRI WEWUHI S/O SHRI KEWEPELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 22:SHRI WEZOWU S/O SHRI WENYIETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108

23:SHRI WEPUTSO K. TARA S/O SHRI KEWEHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 24:SHRI NEIWEPE KEPFO S/O SHRI P. KEWEZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 25:SHRI KOWETE MEKRISUH S/O SHRI ERIKHWELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND - 797108 26: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 27: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 28:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND - 797108 ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI KEDUKHAHI AKAMI AND 28 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