Gauhati High Court
I.A.(Civil)/182/2025 of SHRI VITOLU SEMA AND ANR Vs STATE OF NAGALAND AND 7 ORS on 9 June 2026
GAHC020006762025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/182/2025 SHRI VITOLU SEMA AND ANR SON OF HENIZHE SEMA, R/O SAPTIQA TOWN, ZUNHEBOTO, NAGALAND 2: SHRI JEVITO ACHUMI SON OF LATE YETOHE ACHUMI R/O B-KHEL
GAHC020006762025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KOHIMA BENCH
Case No. : I.A.(Civil)/182/2025
SHRI VITOLU SEMA AND ANR
SON OF HENIZHE SEMA, R/O SAPTIQA TOWN, ZUNHEBOTO, NAGALAND
2: SHRI JEVITO ACHUMI
SON OF LATE YETOHE ACHUMI
R/O B-KHEL
KICHILIMI VILLAGE
ZUNHEBOTO NAGALAN
VERSUS
STATE OF NAGALAND AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND, NAGALAND KOHIMA
2:THE COMMISSIONER AND SECRETARY
DEPT. OF WORKS AND HOUSING
KOHIMA
NAGALAND
3:THE ENGINEER-IN-CHIEF
NPWD (ROADS AND BRIDGERS) KOHIMA NAGALAND
4:THE CHIEF ENGINEER (NH)
KOHIMA NAGALAND
5:THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MoRTH)
REPRESENTED BYTHE SECREARY
TRANSPORT BHAWAN
1ST PARLIAMENT STREET
NEW DELHI-110001
Page No.# 2/5
6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD. (NHIDCL)
REPRESENTED BY MANAGING DIRECTOR
3RD FLOOR
PTI BUILDING 4TH PARLIAMENT STREET
NEW DELHI-110001
7:THE EXECUTIVE DIRECTOR (PROJECT)
NHIDCL
NEAR NPWD COMPLEX
8:AGAPE H. CHISHI
THILIXU VILLAGE
BLOCK 2
LANE 4
HOUSE NO. 181
DIMAPUR NAGALAN
Advocate for the Petitioner : A. ZHIMOMI, Advocate for the Respondent : GOVT ADV NL, Linked Case : Review.Pet./8/2025
SHRI VITOLU SEMA AND ANR
SON OF HENIZHE SEMA
R/O SAPTIQA TOWN
ZUNHEBOTO
NAGALAND
2: SHRI JEVITO ACHUMI
SON OF LATE YETOHE ACHUMI
R/O B-KHEL
KICHILIMI VILLAGE
ZUNHEBOTO NAGALAND
VERSUS
STATE OF NAGALAND AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY
NAGALAND KOHIMA
Page No.# 3/5
2:THE COMMISSIONER AND SECRETARY
GOVT. OF NAGALAND
DEPT. OF WORKS AND HOUSING
KOHIMA
NAGALAND
3:THE ENGINEER-IN-CHIEF
NPWD (ROADS AND BRIDGERS) KOHIMA NAGALAND
4:THE CHIEF ENGINEER (NH)
KOHIMA NAGALAND
5:THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MoRTH)
REPRESENTED BYTHE SECREARY
TRANSPORT BHAWAN
1ST PARLIAMENT STREET
NEW DELHI-110001
6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD. (NHIDCL)
REPRESENTED BY MANAGING DIRECTOR
3RD FLOOR
PTI BUILDING 4TH PARLIAMENT STREET
NEW DELHI-110001
7:THE EXECUTIVE DIRECTOR (PROJECT)
NHIDCL
NEAR NPWD COMPLEX
8:AGAPE H. CHISHI
THILIXU VILLAGE
BLOCK 2
LANE 4
HOUSE NO. 181
DIMAPUR NAGALAND
------------
Advocate for : A. ZHIMOMI
Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 7
ORS
Page No.# 4/5
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
HON'BLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 10.06.2026 (M. Choudhury, J) Heard Mr. A. Zhimomi, learned counsel for the applicants; Mr. L.T. Sangtam, learned Additional Advocate General, Nagaland along with Mr. Veto V. Zhimomi, learned Government Advocate for the opposite party nos. 1 to 4; Mr. Taka Masa, learned senior counsel assisted by Mr. Sentilong, learned counsel for the opposite party no. 8 and Mr. Moa Jamir, learned counsel appearing on behalf of Mr. Akhrieu Chusi, learned counsel for the opposite party nos. 6 & 7.
2. The instant Interlocutory Application under Section 5 of the Limitation Act, 1963 is preferred by the applicants seeking condonation of delay of 323 days, which period of delay has occurred in preferring the accompanying Review Petition against the Judgment & Order dated 25.10.2022 passed in PIL/2/2024.
3. The applicants have sought to explain the period of delay in paragraph nos. 6 to 18.
4. On consideration of the reasons, this Court is of the considered view that the actions of the appellants during the time period between the Judgment & Order which was delivered on 25.10.2022, and the time when this accompanying Review Petition was filed, is suggestive of lack of due diligence. The said fact is also averred in the objection filed by the opposite party no. 8. However, considering the fact that the subject matter in the PIL was a proposed National Highway, we deem it proper to condone the delay, subject to deposit of a cost by the applicants due to their actions, which is suggestive of lack of due diligence.
5. Therefore, the instant Application seeking condonation of delay of 323 days, which period of delay has occurred in preferring the accompanying Review Petition is allowed, subject to deposit a sum of ₹10,000/- (Rupees ten thousand only) by the applicants within a period of 15 (fifteen) days from the date of this Order in the Registry of this Court. On receipt of the amount, the Registry shall, in turn, transmit the said amount in favour of the High Court Bar Association, Kohima immediately thereafter, in its account.
6. The accompanying Review Petition be listed thereafter.
7. If applicants fail to deposit the said amount within the stipulated time period, the accompanying Review Petition will stand rejected without any further reference to this Court. JUDGE JUDGE Comparing Assistant