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2025 DAILYLAW 2188 (GAU)

Yomlar Buchi and 2 Ors v. The State of AP and 8 Ors

IA(C)/279/2025 · 2026-03-25

Budi Habung, Robin Phukan

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Judgment text

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Page No.# 1/9 GAHC040018822025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/279/2025 Yomlar Buchi and 2 Ors Son of Late Mr Linyom Buchi, resident of Liru B village, PO Likabali, Lower Siang Distirct, Arunachal Pradesh 791125 2: Doi Noshi Age: Occupation : Son of Shri Mardo Noshi resident of Liru B Village Likabali Lower Siang District Arunachal Pradesh 791125 3: Rike Taipodia Age: Occupation : Son of Duri Taipodia resident of Liru A Village Likabali Lower Siang District Arunachal Pradesh 79112 VERSUS The State of AP and 8 Ors represented by the Chief Secretary, office at Arunachal Pradesh Civil Secretariat, Itanagar, Papum Pare District, Arunachal Pradesh 791111 2:The Deputy Commissioner Age: 0 Occupation : Lower Siang District Govt of Arunachal Pradesh Page No.# 2/9 office at Upper Colony Likabali Lower Siang District Arunachal Pradesh 791125 3:The Commissioner Age: 0 Occupation : Public Works Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District 791110 4:The Executive Engineer Age: 0 Occupation : Public Works Department Govt of Arunachal Pradesh Gensi Division Office at Upper Colony Lower Siang District Arunachal Pradesh 791125 5:The Chief Engineer (Highway Zone) Age: 0 Occupation : Public Work Department Govt of Arunachal Pradesh Office at Itanagar Papum Pare District 791110 6:The Secretary Age: 0 Occupation : Rural Works Department Govt of Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 7:The Executive Engineer Age: 0 Occupation : Rural Works Department Govt of Arunachal Pradesh Page No.# 3/9 Likaali Division Lower Siang District Arunachal Pradesh 791125 8:The Secretary Age: 0 Occupation : Water Resource Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 9:The Executive Engineer Age: 0 Occupation : Water Resource Department Govt of Arunachal Pradesh Likabali Lower Siang District Arunachal Pradesh 79112 Advocate for the Petitioner : Marge Lombi, Dusu Rillung Advocate for the Respondent : GA (AP), A Roy,Surendra Sahu,DSGI,SC (RWD),Marto Kato,Gimi Tarak Linked Case : PIL/19/2024 Mr Yomlar Buchi and 2 Ors Age: 28 Occupation : Address:Son of Late Mr Linyom Buchi resident of Liru B village PO Likabali Lower Siang Distirct Arunachal Pradesh 791125 2: Doi Noshi Age: 30 Occupation : Address:Son of Shri Mardo Noshi resident of Liru B Village Page No.# 4/9 Likabali Lower Siang District Arunachal Pradesh 791125 3: Rike Taipodia Age: 30 Occupation : Address:Son of Duri Taipodia resident of Liru A Village Likabali Lower Siang District Arunachal Pradesh 791125 VERSUS The State of AP and 8 Ors Age: 0 Occupation : Address:represented by the Chief Secretary office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791111 2:The Deputy Commissioner Age: 0 Occupation : Address:Lower Siang District Govt of Arunachal Pradesh office at Upper Colony Likabali Lower Siang District Arunachal Pradesh 791125 3:The Commissioner Age: 0 Occupation : Address:Public Works Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District 791110 4:The Executive Engineer Age: 0 Occupation : Address:Public Works Department Page No.# 5/9 Govt of Arunachal Pradesh Gensi Division Office at Upper Colony Lower Siang District Arunachal Pradesh 791125 6:The Secretary Age: 0 Occupation : Address:rural Work Department Govt of Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 7:The Executive Engineer Age: 0 Occupation : Address:Rural Works Department Govt of Arunachal Pradesh Likaali Division Lower Siang District Arunachal Pradesh 791125 8:The Secretary Age: 0 Occupation : Address:Water Resource Department Govt of Arunachal Pradesh office at Arunachal Pradesh Civil Secretariat Itanagar Papum Pare District Arunachal Pradesh 791110 9:The Executive Engineer Age: 0 Occupation : Address:Water Resource Department Govt of Arunachal Pradesh Likabali Lower Siang District Arunachal Pradesh 791125 ------------ Advocate for : Marge Lombi Advocate for : GA (AP) appearing for The State of AP and 8 Ors: Advocate , appearing for 2, 3, 4, 6, 7, 8, 9, respectively. Page No.# 6/9 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 26-03-2026 (Robin Phukan, J.) Heard Mr. M. Lombi, learned counsel for the applicants. Also heard Mr. R. H. Nabam, learned Additional Advocate General appearing for respondent Nos. 1, 2, 3, 4, 8 & 9; Mr. G. Tarak, learned Standing Counsel for Rural Works Department appearing for respondent Nos. 6 & 7; Mr. M. Kato, learned DSGI appearing for respondent Nos. 10, 11 & 12 and Ms. A. Roy, learned counsel appearing for the respondent Nos. 14 and 15. 2. This interlocutory application has been filed by the applicants, who are the petitioners in PIL No. 19 of 2024, seeking permission to carry out amendments in the cause title as well as in the pleadings of the linked case, i.e., PIL No. 19 of 2024, in exercise of the liberty granted to them by this Court vide order dated 11.11.2025 passed in the IA(C) No. 203 of 2025. 3. Mr. Lombi, learned counsel for the applicants, submits that the applicants now intend to bring consequential amendments in PIL No. 19 of 2024, as reflected in Paragraph No. 9 of this interlocutory application from Point No. A to Point No. H and that such amendments are necessary for proper adjudication of the dispute in the PIL No. 19 of 2024. He, therefore, prays that the application be allowed. 4. Mr. R. H. Nabam, learned Additional Advocate General appearing for respondent Nos. 1, 2, 3, 4, 8 and 9; Mr. G. Tarak, learned Standing Counsel for the Rural Works Department appearing for respondent Nos. 6 and 7; Mr. M. Page No.# 7/9 Kato, learned DSGI appearing for respondent Nos. 10, 11 and 12; and Ms. A. Roy, learned counsel appearing for respondent Nos. 14 and 15, submit that they have no objection. 5. Having heard the submission of the learned counsel for both the parties, we have carefully gone through the application and the documents placed on record. It appears in Paragraph No.9, the applicants has sought for following amendments in the petition: “A. In para 4(A), tenth line, the words "(v)Chief Engineer (Highway Zone) PWD;" shall be deleted. And the words "(ix) Union of India; (x)Secretary, Ministry of Defence; (xi) Director MORTH; General, BRO; (xii) Secretary, (xiii)NHIDCL, Managing Director" shall be added in chronological order thereto. B. In para 15, fourth line, the words "respondent no.7 (CE Highway Zone PWD);" shall be deleted. C. In para 15 (B), fifth line, the words "no.5," shall be deleted. D. In the prayer portion, clause (iv), first line, the words "respondent no.5 (CE Highway Zone PWD)" shall be substituted by the words "respondent nos.10 to 15". E. In the prayer portion, clause (viii), first line, the words "no.5 (DC Lower Siang, EE PWD Gensi Division, CE Highway Zone PWD)" shall be substituted by the words "nos.10 to 15,". F. Throughout the petition, the margin of the page shall be changed to 2 cm on top & bottom and 4 cm on right & left. This shall be done to comply with the filing rule evident in the Gauhati High Court Rules 2022 (5th Edition). Initially, the counsel for the applicants inadvertently omitted adhering to the required margin on the page. G. In the cause title, after the name of the respondent stipulated at serial no.9, the six newly impleaded respondents shall be added in the Page No.# 8/9 chronological order as follows- “10. The Union of India, represented by the Secretary, Ministry of Defence, Office at room No.101-A, South Block, New Delhi, Pin 110001, phone 23011976, email defsecy@nic.in 11. The Border Roads Organization (BRO), a road construction agency of the Union, represented by its Director General, HQ at Seema Sadak Bhawan, Ring Road, New Delhi 110010, Ph 011- 25686822. 12. The Chief Engineer, Headquarters, Project Brahmank, Pasighat, Pin 791102, Border Roads Organisation, Govt of India, Ph 0368- 2222173. 13. The Ministry of Road Transport and Highways (MoRTH), represented by its Secretary, Transport Bhawan, 1, Parliament Street, New Delhi-110001, Ph 011-23714104. 14. The National Highways & Infrastructure Development Corp. Ltd. (NHIDCL), A public sector undertaking, represented through the Managing Director, PTI Building, 3rd Floor, Parliament Street, New Delhi-110001. 15. The Executive Director, Regional Office at Itanagar, NHIDCL, GD Apartments, Senki Park, Division-IV, Near Govt Middle School, Pin 791111, contacts 9878871064 & 03602310008." H. The title of the case shall be changed from "Mr Yomlar Buchi & 2 Ors -vs- State of Arunachal Pradesh & 8 Ors" to "Mr Yomlar Buchi & 2 Ors -vs- State of Arunachal Pradesh & 15 Ors".” 6. Accordingly, taking note of the submissions made by the learned counsel appearing for the respective parties and considering the facts and circumstances of the case, this interlocutory application is allowed as prayed for in Paragraph No. 9, from Point No. A to Point No. H. Page No.# 9/9 7. Accordingly, the interlocutory application stands disposed of. JUDGE JUDGE Comparing Assistant