I.A.(Civil)/216/2026 of THE STATE OF NAGALAND AND 4 ORS Vs SHRI VEHUTA LALA AND 27 ORS on 6 October 2026

GAHC020006052026

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/216/2026 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 NPWD NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD(NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAN VERSUS SHRI VEHUTA LALA AND 27 ORS S/O LATE YENGOTSO LALA, PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE, PHEK, NAGALAND - 797107 2:SHRI VEMUKHRIEYI KHESOH S/O SHRI PUSHETSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 3:SHRI VEDUTA NIENU S/O LATE DUKHUYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE

PHEK NAGALAND - 797107 4:SHRI VEZOKHO LOHE S/O SHRI ZASHETA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 5:SHRI VEPOCUYI LOHE S/O LATE CEKHUVEYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 6:SHRI RUKUSA LOHE S/O SHRI ZACUTA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 7:SHRI SHEKU TENENU S/O SHRI VESUKHUYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 8:SHRI SHEHUTSO LOHE S/O LATE VETHISUH LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 9:SHRI VEPASA LALA S/O LATE YEKHUSA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 10:SHRI VEKUZO LOHE S/O SHRI VECUSA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 11:SHRI DUSUTA LALA S/O SHRI VEHETA LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE

PHEK NAGALAND - 797107 12:SHRI VECUKU LOHE S/O SHRI VECHUPA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 13:SMTI. HUVOTALU W/O SHRI CUKHOTA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 14:SHRI TAVEYI LALA S/O LATE YEKHUYI LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 15:SHRI RUKUTO LALA S/O LATE POSOTSU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 16:SHRI VENESE TENENU S/O LATE CEKHUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 17:SHRI NGORAYI LOHE S/O SHRI HUSUZO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 18:SHRI RAZUKHUYI KHESOH S/O LATE VESWUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 19:SHRI MUPHRU LALA S/O SHRI VEMUDO LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE

PHEK NAGALAND - 797107 20:SHRI KUDUHUTO LOHE S/O LATE NESACHO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 21:SHRI VEKHORAYI LOHE S/O SHRI VENEZO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 22:SHRI ZALERO VERO S/O LATE CEKAMU VERO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 23:SHRI RAZUKHUYI KHESOH S/O LATE VESWUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 24:SHRI POVE THERIE S/O SHRI NUSUYI THERIE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 25: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 26: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

27:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 28:THE VILLAGE COUNCIL MIDDLE KHOMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/45/2026 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 NPWD NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD(NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI VEHUTA LALA AND 27 ORS S/O LATE YENGOTSO LALA

PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 2:SHRI VEMUKHRIEYI KHESOH S/O SHRI PUSHETSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 3:SHRI VEDUTA NIENU S/O LATE DUKHUYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 4:SHRI VEZOKHO LOHE S/O SHRI ZASHETA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 5:SHRI VEPOCUYI LOHE S/O LATE CEKHUVEYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 6:SHRI RUKUSA LOHE S/O SHRI ZACUTA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 7:SHRI SHEKU TENENU S/O SHRI VESUKHUYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 8:SHRI SHEHUTSO LOHE S/O LATE VETHISUH LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 9:SHRI VEPASA LALA S/O LATE YEKHUSA

PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 10:SHRI VEKUZO LOHE S/O SHRI VECUSA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 11:SHRI DUSUTA LALA S/O SHRI VEHETA LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 12:SHRI VECUKU LOHE S/O SHRI VECHUPA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 13:SMTI. HUVOTALU W/O SHRI CUKHOTA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 14:SHRI TAVEYI LALA S/O LATE YEKHUYI LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 15:SHRI RUKUTO LALA S/O LATE POSOTSU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 16:SHRI VENESE TENENU S/O LATE CEKHUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 17:SHRI NGORAYI LOHE S/O SHRI HUSUZO LOHE

PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 18:SHRI RAZUKHUYI KHESOH S/O LATE VESWUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 19:SHRI MUPHRU LALA S/O SHRI VEMUDO LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 20:SHRI KUDUHUTO LOHE S/O LATE NESACHO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 21:SHRI VEKHORAYI LOHE S/O SHRI VENEZO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 22:SHRI ZALERO VERO S/O LATE CEKAMU VERO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 23:SHRI RAZUKHUYI KHESOH S/O LATE VESWUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 24:SHRI POVE THERIE S/O SHRI NUSUYI THERIE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 25: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 26: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 27:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 28:THE VILLAGE COUNCIL MIDDLE KHOMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI VEHUTA LALA AND 27 ORS Linked Case : I.A.(Civil)/217/2026 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 NPWD NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD(NH)

NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI VEHUTA LALA AND 27 ORS S/O LATE YENGOTSO LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 2:SHRI VEMUKHRIEYI KHESOH S/O SHRI PUSHETSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 3:SHRI VEDUTA NIENU S/O LATE DUKHUYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 4:SHRI VEZOKHO LOHE S/O SHRI ZASHETA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 5:SHRI VEPOCUYI LOHE S/O LATE CEKHUVEYI LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 6:SHRI RUKUSA LOHE S/O SHRI ZACUTA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 7:SHRI SHEKU TENENU S/O SHRI VESUKHUYI PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK

NAGALAND - 797107 8:SHRI SHEHUTSO LOHE S/O LATE VETHISUH LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 9:SHRI VEPASA LALA S/O LATE YEKHUSA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 10:SHRI VEKUZO LOHE S/O SHRI VECUSA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 11:SHRI DUSUTA LALA S/O SHRI VEHETA LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 12:SHRI VECUKU LOHE S/O SHRI VECHUPA LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 13:SMTI. HUVOTALU W/O SHRI CUKHOTA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 14:SHRI TAVEYI LALA S/O LATE YEKHUYI LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 15:SHRI RUKUTO LALA S/O LATE POSOTSU PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK

NAGALAND - 797107 16:SHRI VENESE TENENU S/O LATE CEKHUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 17:SHRI NGORAYI LOHE S/O SHRI HUSUZO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 18:SHRI RAZUKHUYI KHESOH S/O LATE VESWUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 19:SHRI MUPHRU LALA S/O SHRI VEMUDO LALA PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 20:SHRI KUDUHUTO LOHE S/O LATE NESACHO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 21:SHRI VEKHORAYI LOHE S/O SHRI VENEZO LOHE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 22:SHRI ZALERO VERO S/O LATE CEKAMU VERO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 23:SHRI RAZUKHUYI KHESOH S/O LATE VESWUTSO PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK

NAGALAND - 797107 24:SHRI POVE THERIE S/O SHRI NUSUYI THERIE PERMANENT RESIDENT OF MIDDLE KHOMI VILLAGE PHEK NAGALAND - 797107 25: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 26: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 27:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 28:THE VILLAGE COUNCIL MIDDLE KHOMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI VEHUTA LALA AND 27 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