Page No.# 1/26 GAHC020006662023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : COP(C)/24/2023 NH-29 LANDOWNERS UNION PURANA BAZAR-CHUMUKEDIMA, NAGALAND AND 225 ORS REPRESENTED BY ITS PRESIDENT K. VISHEPU ASSUMI AND GENERAL SECRETARY VICHOSEL RHUTSO 2: SHRI K. VISHEPU ASSUMI DIMAPUR PIN 797112 3: SHRI.VICHOSEL RUTSO DIMAPUR PIN 797112 4: SHRI.HENIZHE AWOMI DIMAPUR PIN 797112 5: SHRI.MEZHUVILIE USOU DIMAPUR PIN-797112 6: KEWETSO KENYE DIMAPUR PIN-797112 7: DR.N.KASHITO AYE DIMAPUR PIN-797112 8: SHRI.Y.SHIHOVI SEMA DIMAPUR PIN-797112 9: SHRI H.L. BENO ANAL DIMAPUR-797112 Page No.# 2/26 10: SHRI ATOVI ZHIMOMI DIMAPUR-797112 11: ER. AKUM AO DIMAPUR-797112 12: SHRI HOSHEPU K. VISHEPU DIMAPUR-797112 13: SHRI KUVEZU THIRAH DIMAPUR-797112 14: SHRI AKAVI H. ZHIMOMI DIMAPUR-797112 15: SMTI HETOLI SEMA DIMAPUR-797112 16: SHRI ASEZO NALEO DIMAPUR-797112 17: SHRI NOSEHO PETER DIMAPUR-797112 18: SHRI IMSUKUMZUK LONGCHAR DIMAPUR-797112 19: DR. ESTERLAND IMCHEN DIMAPUR-797112 20: SHRI I. KANITO DIMAPUR-797112 21: SHRI Y. KHEVITO CHOPHY DIMAPUR-797112 22: SHRI KUGHAVI AYE DIMAPUR-797112 23: SHRI Y.Y. SHITIRI DIMAPUR-797112 24: SHRI D. KHAPE KOZA DIMAPUR-797112 25: SHRI CHENITHUNG ODYUO DIMAPUR-797112 Page No.# 3/26 26: SHRI KHOMBA RENGMA DIMAPUR-797112 27: SMTI BONIKALI DIMAPUR-797112 28: SHRI DUOLHOUKHOU DIMAPUR-797112 29: SHRI ALEMSUNEP DIMAPUR-797112 30: SHRI PIYETO ZHIMO DIMAPUR-797112 31: SHRI VIKHETO AWOMI DIMAPUR-797112 32: SHRI CALEB WANTH DIMAPUR-797112 33: SHRI ISAAC WANTH DIMAPUR-797112 34: SHRI NENDIMU WANTH DIMAPUR-797112 35: SHRI VINEIKHO TETSO DIMAPUR-797112 36: SHR VINEIKHO TETSO DIMAPUR-797112 37: SHRI VIL TSUKRU DIMAPUR-797112 38: SHRI MHALEHOLE DIMAPUR-797112 39: SHRI. JEKIHO CHISHI DIMAPUR-797112 40: SHRI KENNETH SEMA DIMAPUR-797112 41: SHRI J. TOVI DIMAPUR-797112 Page No.# 4/26 42: SHRI ATOVI KIBA DIMAPUR-797112 43: SHRI N. VIGHOTO AWOMI DIMAPUR-797112 44: SMTI. UNCE CWD DIMAPUR-797112 45: SHRI KIVIGHO KINI DIMAPUR-797112 46: SHRI GHOKHEHO DIMAPUR-797112 47: SHRI HOSHIE ZHIMO DIMAPUR-797112 48: SHRI ZHOVITO TSUKRU DIMAPUR-797112 49: SHRI ZHOZOTO DIMAPUR-797112 50: SHRI HUKHWUYI TETSO DIMAPUR-797112 51: SHRI L. TONIZHE YEPTHOMI DIMAPUR-797112 52: SHRI KHEHOTO ZHIMO DIMAPUR-797112 53: SHRI TEMJEN LONGKUMER DIMAPUR-797112 54: SHRI KAKIYE JAKHA DIMAPUR-797112 55: SHRI SALIMTO K JAKHA DIMAPUR-797112 56: SHRI BOHOTO KIBA DIMAPUR-797112 57: SHRI VEPRASAYO TUNYI DIMAPUR-797112 Page No.# 5/26 58: SMTI. VIKHETOLI KINI DIMAPUR-797112 59: SHRI BOKATO L. SEMA DIMAPUR-797112 60: SHRI INAKI K JIMOMI DIMAPUR-797112 61: SHRI VEZOHU DIMAPUR-797112 62: SHRI NUYIELU NYEKHA DIMAPUR-797112 63: SHRI POSWUYI DIMAPUR-797112 64: SHRI SUNGJEMEREN L DIMAPUR-797112 65: SHRI I. SANEN AO DIMAPUR-797112 66: SHRI SAKUTEMJEN DIMAPUR-797112 67: SHRI IMKONGNEKEN AO DIMAPUR-797112 68: DR. L. KUOTSU DIMAPUR-797112 69: SHRI PUKHAVI KINIMI DIMAPUR-797112 70: SHRI LIKHOMO LOTHA DIMAPUR-797112 71: SHRI LUKHEVI SEMA DIMAPUR-797112 72: SHRI HESHITO SEMA DIMAPUR-797112 73: SHRI QHOTOVI SUMI DIMAPUR-797112 Page No.# 6/26 74: SHRI PULOTO YEPTHO DIMAPUR-797112 75: SHRI TIAKABA AMER DIMAPUR-797112 76: SHRI KIVIGHO CHISHI DIMAPUR-797112 77: SHRI KUVEZU THIRAH DIMAPUR-797112 78: SHRI LHIWEPELO MERO DIMAPUR-797112 79: SHRI KEVIMEDO RUTSA DIMAPUR-797112 80: SHRI HEKIYE SUMI DIMAPUR-797112 81: SHRI SUNEP LEMTUR DIMAPUR-797112 82: SMTI GHOKHELI AYE DIMAPUR-797112 83: SHRI ATHUNU THAPRU DIMAPUR-797112 84: SHRI KEVILELHOU BAO DIMAPUR-797112 85: SHRI VINOSALE DIMAPUR-797112 86: SHRI VINOSALE SOPHIE DIMAPUR-797112 87: SHRI GEORGE THIRAH DIMAPUR-797112 88: SHRI ZHOTOHO KISO DIMAPUR-797112 89: SHRI INUSHE SEMA DIMAPUR-797112 Page No.# 7/26 90: SHRI BOHOTO ACHUMI DIMAPUR-797112 91: SHRI KELENUO ANGAMI DIMAPUR-797112 92: SHRI K. MACHIO DIMAPUR-797112 93: SHRI MHAPHUVI NALEO DIMAPUR-797112 94: SHRI THUNGBEMO DIMAPUR-797112 95: SHRI TSUNUO ZUMVU DIMAPUR-797112 96: SHRI FRANCIS KENE DIMAPUR-797112 97: SHRI VESATO PHUSWU-O DIMAPUR-797112 98: SHRI H. NUPATO ACHUMI DIMAPUR-797112 99: SHRI ROCUS R. CHASIE DIMAPUR-797112 100: SHRI BENDANGWATI DIMAPUR-797112 101: SHRI T. AKUYM LONGKUMER DIMAPUR-797112 102: SMTI HETOLI SEMA DIMAPUR-797112 103: SHRI NEITHO-O SUOHU DIMAPUR-797112 104: DR. JOHN SWEYIEVISA DIMAPUR-797112 105: DR. JOHN SWEYIEVISA DIMAPUR-797112 Page No.# 8/26 106: SHRI IMTIANGSHI DIMAPUR-797112 107: SHRI K.K. RENGMA DIMAPUR-797112 108: SHRI THUNGDEMO DIMAPUR-797112 109: SHRI PEZALHOU-U DIMAPUR-797112 110: SHRI VINEISA NAGI DIMAPUR-797112 111: SHRI ASIO KUOTSU DIMAPUR-797112 112: SHRI K. KIKHETO WOTSA DIMAPUR-797112 113: SHRI KEDUOKIE-U DIMAPUR-797112 114: SHRI THEJANGULIE DIMAPUR-797112 115: SHRI VIYAKIEZO MAKRITSU DIMAPUR-797112 116: SHRI YANEI-O KHARUTSO DIMAPUR-797112 117: SHRI E. YANIU DIMAPUR-797112 118: SHRI KHUSHEPU CHOPHI DIMAPUR-797112 119: SHRI KENEINGULIE KHALE DIMAPUR-797112 120: SHRI ZENEITSULIE SUJIU DIMAPUR-797112 121: SHRI S. KEVI KOZA DIMAPUR-797112 Page No.# 9/26 122: SHRI NEIKIETOU KHEZHEI DIMAPUR-797112 123: SHRI NEILO CHIJUO DIMAPUR-797112 124: SHRI NEILIEBEI MERU DIMAPUR-797112 125: SHRI KHRIESAMHAL NALEO DIMAPUR-797112 126: SHRI M. BULIE-O KOZA DIMAPUR-797112 127: SHRI N. GULHINYI THAHU DIMAPUR-797112 128: SHRI MELVIN SOLO DIMAPUR-797112 129: DR. NEIKHRIELIE DIMAPUR-797112 130: SHRI PUSUCHO CURHAH DIMAPUR-797112 131: SMTI. MHABENI LOTHA DIMAPUR-797112 132: SHRI OBANG PONGENER DIMAPUR-797112 133: SHRI VIKUO METHA DIMAPUR-797112 134: SHRI TECHAMO KIKON DIMAPUR-797112 135: SHRI VITWEHELE DIMAPUR-797112 136: SHRI KATHU KATH DIMAPUR-797112 137: SHRI SAMUEL WOTSA DIMAPUR-797112 Page No.# 10/26 138: SMTI NITOLI SEMA DIMAPUR-797112 139: SHRI ARIKATO ARHA DIMAPUR-797112 140: SHRI ZENEITUO YANO DIMAPUR-797112 141: SHRI AVIKHU DIMAPUR-797112 142: SHRI EDWARD MURU DIMAPUR-797112 143: SMTI GLORIA ODYUO DIMAPUR-797112 144: SHRI DAVID KOZA DIMAPUR-797112 145: SHRI DUOLHOUKHOU DIMAPUR-797112 146: SHRIO NGUCHA PUNYU DIMAPUR-797112 147: SHRI AMENTO N. SWU DIMAPUR-797112 148: SHRI ZAPUTUO DIMAPUR-797112 149: SHRI NEISEVOLHOULIE DIMAPUR-797112 150: SHRI K. CHOPHY DIMAPUR-797112 151: SHRI NIUTO K CHISHI DIMAPUR-797112 152: SHRI. DIESILIE CHUPUO DIMAPUR-797112 153: SHRI NGUPELHI LOMI DIMAPUR-797112 Page No.# 11/26 154: SHRI DEPE SEKHAMO DIMAPUR-797112 155: SHRI MHASIKHOTUO DIMAPUR-797112 156: SHRI KEKHIESO-U DIMAPUR-797112 157: SHRI IKUTO ZHIMOMI DIMAPUR-797112 158: SHRI DOLHOUKHO-U DIMAPUR-797112 159: SHRI NGUCHA PUNYU DIMAPUR-797112 160: SHRI KEWENGULO KAPFO DIMAPUR-797112 161: SHRI L. K. KAPFO DIMAPUR-797112 162: SHRI LACHIYI DIMAPUR-797112 163: SMTI TOVILI KEVICHUSA DIMAPUR-797112 164: SHRI MESALHOULIE PUNYU DIMAPUR-797112 165: SMTI. ASANGLA DIMAPUR-797112 166: SHRI BERIDAH SHIMRAY DIMAPUR-797112 167: SHRI KEVICHUZO MERU DIMAPUR-797112 168: SHRI VINEISA NAGI DIMAPUR-797112 169: DR. VIHESHE SEMA DIMAPUR-797112 Page No.# 12/26 170: SHRI SHALO KENT DIMAPUR-797112 171: SHRI SAMUEL KENT DIMAPUR-797112 172: SHRI KHEVITO T. SHOHE DIMAPUR-797112 173: SHRI V. NEINO DIMAPUR-797112 174: SHRI LHOUZO ANGAMI DIMAPUR-797112 175: SHRI DEHRU MOSES DIMAPUR-797112 176: SHRI TOKHEVI DIMAPUR-797112 177: SHRI SAMUEL AO DIMAPUR-797112 178: SHRI TEMSUNOCHET DIMAPUR-797112 179: SMTI. AKHONO THELE DIMAPUR-797112 180: SHRI. TIAKABA AMER DIMAPUR-797112 181: SHRI KEKHRIELETUO DIMAPUR-797112 182: SHRI KENYELO RENGMA DIMAPUR-797112 183: SHRI AGWA TEP DIMAPUR-797112 184: SHRI NEIPHRIELHOU MEDOM DIMAPUR-797112 185: SHRI C.T. HANYAK DIMAPUR-797112 Page No.# 13/26 186: SHRI HAIWALO JEMU DIMAPUR-797112 187: SHRI ALANG LONGCHAR DIMAPUR-797112 188: SMTI AKOKLA ALANG DIMAPUR-797112 189: SHRI L YANGER DIMAPUR-797112 190: SMTI. AIENLA WATI DIMAPUR-797112 191: SHRI ASINLO TEP DIMAPUR-797112 192: SHRI KEDOUPRE MEDO DIMAPUR-797112 193: SHRI UMAKANTA DIMAPUR-797112 194: SHRI AMARENDRA DIMAPUR-797112 195: SHRI RAMAN MECH DIMAPUR-797112 196: SHRI KHUKIYE SWU DIMAPUR-797112 197: SHRI HENOKA A. CHOPHY DIMAPUR-797112 198: SHRI KEVILETO DIMAPUR-797112 199: SMTI V. ILIKA SEMA DIMAPUR-797112 200: SHRI ZAKIETUO-U ANGAMI DIMAPUR-797112 201: SHRI KETUOZO SUOKHRIE DIMAPUR-797112 Page No.# 14/26 202: SHRI R. DAIKHO DIMAPUR-797112 203: SHRI HUSKA SUMI DIMAPUR-797112 204: SHRI SUSHO SWU DIMAPUR-797112 205: SHRI SENABA AO DIMAPUR-797112 206: SHRI S. HUKATO SWU DIMAPUR-797112 207: SHRI JOHN ODYUO DIMAPUR-797112 208: SHRI BONA L. SHITIRI DIMAPUR-797112 209: SMTI WUNGTHINGLA DIMAPUR-797112 210: SHRI S. ANTHONY DIMAPUR-797112 211: SHRI K. KEZO DIMAPUR-797112 212: SHRI XAVIER KEZO DIMAPUR-797112 213: SHRI AKUNG NEWMAI DIMAPUR-797112 214: SMTI CAROLINE KEZO DIMAPUR-797112 215: SHRI DEYCHAMTHU PETHORY DIMAPUR-797112 216: SHRI NIKIYE SWU DIMAPUR-797112 217: SHRI I. LHOKHU CHISHI DIMAPUR-797112 Page No.# 15/26 218: SHRI AJONG IMCHEN DIMAPUR-797112 219: SHRI TALITEMSU DIMAPUR-797112 220: SMTI. LILY BEN DIMAPUR-797112 221: SMTI LILY BEN DIMAPUR-797112 222: SHRI MEGUOROVI DIMAPUR-797112 223: SHRI CHIKHUTA PURO DIMAPUR-797112 224: SHRI APALE PURO DIMAPUR-797112 225: SHRI DIRANG LUNGALANG DIMAPUR-797112 226: SHRI TONY AYE DIMAPUR-79711 VERSUS SHRI J. ALAM, IAS AND 8 ORS CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND 2:SHRI ANURAG JAIN IAS SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS JEEVAN TARA BUILDING GROUND FLOOR 5-PARLIAMENT STREET NEW DELHI-110001 3:SHRI ROBERT LONGCHARI NCS THE SECRETARY DEPT OF LAND REVENUE NAGALAND KOHIMA Page No.# 16/26 4:SHRI. KESONYU YHOME IAS THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND. WORKS AND HOUSING DEPT NAGALAND KOHIMA 5:ER. PUKRONEIZO KERA THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 6:ER. I TIAMEREN THE CHIEF ENGINEER NATIONAL HIGHWAYS NAGALAND KOHIMA 7:DR. TINOJONGSHI CHANG NCS THE DEPUTY COMMISSIONER DIMAPUR NAGALAND 8:SHRI ABHINAV SHIVAM IAS THE DEPUTY COMMISSIONER CHUMOUKEDIMA NAGALAND 9:SHRI POLAN JOHN NCS DEPUTY COMMISSIONER CHUMOUKEDIMA NAGALAN Advocate for the Petitioner : TAKA MASA, SR. ADV, SENTILONG,TIAKUMLA,ARENLONG Advocate for the Respondent : , BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 17-11-2025 17.11.2025 Page No.# 17/26 Heard the learned Sr. counsel for the petitioners Mr. Taka Masa assisted by Mr. Sentilong. Also heard Ms. V. Suokhrie, learned counsel for the respondent Nos. 3 to 9 and learned counsel, Mr. N. Angami, for the respondent no. 1, learned counsel Mr. M. Longkumer for the respondent No.2. 2. The present application under section 11 and 12 of the Contempt of Courts Act 1971 read with Article 215 of the Constitution of India has been preferred by the petitioenrs alleging non-compliance and violation of the Judgment and Order dated 29.11.2022, passed in WP(C)/185/2019. 3. The case of the petitioners is that they had filed WP(C)/185/2019 praying for payment of compensation for forcible occupation of their land without due process of law and destruction of their properties during the four-lane constructions of NH-29, 110-123Kms from Purana Bazar to Chumoukedima. This Court by Judgment and Order dated 29.11.2022 in WP(C)/185/2019 allowed the writ petition with the following directions: “34. Considering the above, this Court therefore, disposes of the instant writ petition with the following observations and directions: 1) This Court declares that the action of the Deputy Commissioner to enlarge the width of the road reserve to 27 meters, i.e. 13.5 meters from the centre in the stretch of road i.e., NH 39 from 110-123 kms section of the Highway from Dimapur to Chumukedima without carrying out any acquisition, and more particularly the notification dated 28.04.1999, consequently stands vitiated for not following the due process. The landowners, whose lands fall within 13.5 meters from the centre of the road in the said stretch of road, if affected, would be entitled to Page No.# 18/26 compensation as mandated under law. 2) Taking into account that this Court is not in a position to decide how much and which land of each of the petitioners or any of the land-owners have been affected, it would require a fact-finding inquiry. This Court directs the petitioners to submit their claims including their claims for destruction of their properties along with their land documents and other documents for verification before the Deputy Commissioner, Dimapur and/or Deputy Commissioner, Chumukedima before whose jurisdiction their lands fall within 45 days from the date of the instant order. Taking into account that only 230 petitioners have filed the instant writ petition and there may be other land owners who may have been affected, this Court further directs the Deputy Commissioner, Dimapur as well as the Deputy Commissioner, Chumukedima to issue a notice in a news daily of wide circulation calling for any claims along with their documents for verification. The same should be done within 20 days from the date of the instant order 3) On the basis of the claims as well as the documents so submitted, the Deputy Commissioner, Dimapur and/or Deputy Commissioner, Chumukedima and/or any person to whom the Deputy Commissioner deems fit to entrust but not below the rank of an Additional Deputy Commissioner, shall verify the said claims on the basis of the documents submitted within a period of six months from the date of the submission of the claim(s) by the person(s) interested. In filing the said claims the petitioners as well as the land-owners would be at liberty to also submit claims regarding their loss suffered on account of demolition of their properties. 4) Upon verification, if it is found that the petitioners or land owners have been affected on account of enlarging the width of the NH39, i.e., the 27 meters, i.e. 13.5 meters from the centre of the road in the stretch of road i.e., NH 39 from 110 km to 123 km section of the Highway from Dimapur to Chumukedima, then in that case the Deputy Commissioner, Dimapur and/or Deputy Commissioner, Chumukedima, in consultation with the State of Nagaland as well as the respondent No. 2 shall initiate proceeding for Page No.# 19/26 acquisition under the National Highways Act, 1956 by following the due process. 5) It is made clear that if in the circumstances, the petitioners and/or the land owners are aggrieved by the fact finding enquiry by the Office of the Deputy Commissioner, the petition ers and/or the land owners would be at liberty to initiate proceedings under the Code of Civil Procedure, 1908. 6) If the petitioners however, are aggrieved by the actions of the respondent Authorities in respect to entitlement and quantum of compensation, the petitioners can avail the remedies available under the National Highways Act, 1956.” 4. The learned Sr. counsel submits that the petitioners had submitted representation to the respondents for information and compliance of the Judgment and Order dated 29.11.2022. In compliance the Deputy Commissioner of Dimapur and Chumoukedima published a notice in Nagaland Post dated 23.12.2022 calling for claims for land/damage compensation along with documents for verification. The petitioners had accordingly submitted their claims submitted with documents for verification. By Order dated 22.03.2023 issued by the Deputy Commissioner, Dimapur, spot verification for claims falling from Purana Bazar to Darogapathar under Dimapur District was fixed from 23.03.2023. And all the concerned land owners were requested to be present at their respective plots along with original documents including photo of damages, if any. 5. The Deputy Commissioner, Chumoukedima also issued an Order dated 03.05.2023 notifying that spot verification for claims falling in Chumoukedima jurisdiction would be carried out in two phases from 09.05.2023 onwards. It was also notified that Page No.# 20/26 claims which were left out will be carried out on 06.06.2023. 6. The learned sr. counsel further submits that when the land verification was conducted under the jurisdiction of the Deputy Commissioner, Dimapur, the respondents had totally misunderstood and misconceived the directions of this Court passed in WP(C)/185/2019 and only verified the land and property presently occupied by the petitioners/land owners in the undisputed areas. The respondent authorities did not verify the documents and area with regard to land compensation and damaged properties on account of enlarging the width of NH-39, i.e., the 27 mtrs road width, 13.5 mtrs on either side from 110Km-123Km from Dimapur to Chumoukedima which was part of the direction of this Court in the Judgment and Order dated 29.11.2022. The petitioners had raised objection during the verification process that the verification was not done on the suit land/occupied land of 27 mtrs, rather it was done on the undisputed areas presently under peaceful occupation of the land owners, which is contrary to the direction of this Court. The learned sr. counsel further submits that the petitioners had approached the respondent authorities personally on several occasions and requested for implementation of the Judgment and Order dated 29.11.2022 in letter and spirit, however, with no positive result till date. It is categorically submitted that the respondent authorities are yet to implement the 6th direction issued by this Court in paragraph 34 of the Judgment and Order dated 29.11.2022 passed in WP(C)/185/2019. 7. The learned sr. counsel submits that it is an established Page No.# 21/26 principle of law as laid down by the Apex Court that partial compliance is no compliance in the eye of law. As such, the respondents herein have wilfully and deliberately violated the Judgment and Order dated 29.11.2022 and as such, they are liable to be punished for contempt of court after initiation of appropriate contempt proceedings. The learned sr. counsel states that by Order dated 14.05.2024, this Court during the pendency of this petition, has also provided that the pendency of this petition shall not be a bar on the respondent authorities for making a re-verification as prayed for. 8. The learned sr. counsel relies on the case of Gauri Shankar PD.Rai vs Sajal Chakraborty, Chief Secretary, Government of Jharkhand and others reported in (2015) 8 SCC 163, wherein the Hon’ble Apex Court had held that the judgment and order of the court has to be complied in toto and a direction was given in the contempt petition to the respondents to comply with the direction of the court and submit compliance report within 4 (four) weeks. The learned sr. counsel accordingly submits that even in the present contempt petition, a direction can be issued to the respondents/contemnors to fully comply with the Judgment and Order dated 29.11.2022 by conducting reverification of the disputed area. 9. The learned counsel, Ms. V. Suokhrie appearing for the respondent nos. 3 to 9 has submitted on the basis of the affidavit-in-opposition filed by respondent no. 7/Deputy Commissioner, Dimapur and states that the direction of this Court has been complied with by the respondents and a verification has been conducted as per the direction of this Page No.# 22/26 Court. During the verification process, it was found that 17 landowners were found to be in excess occupation, thereby even though they were occupying more land than what is entered in their patta their land did not fall within the four-lane. In respect of 11 landowners it was found that their present occupation tallied with the area mentioned in their patta and their land did not fall within the four-lane. 2 land owners were rejected due to their land documents not being proper as it was found that their land had been mutated from Padampukhri. Thus it was found that no compensation for land or structural damage was due in respect of 30 landowners. On the other hand, 6 landowners whose land were affected due to widening of NH-29 were duly assessed by the competent authorities and the same has been forwarded to the Commissioner’s Office. 10. The learned counsel, Ms. V. Suokhrie has also relied on the affidavit-in-opposition filed by the respondent no. 9/Deputy Commissioner, Chumoukedima. It is stated that in respect of Chumoukedima area, the spot verification reveals that most of the claimants are in excess occupation of land from what is mentioned in their patta. Some claimants are in lesser occupation of land from what is mentioned in their patta and some claimants are in occupation of land tallying with what is mentioned in their patta. Therefore, the Deputy Commissioner, Chumoukedima vide Letter dated 13.10.2023 had submitted estimate assessment of compensation for damage of buildings/structure amounting to Rs. 3,50,09,000/- in respect of Ekranigaon to Chumoukedima under Chumoukedima District-I, Rs, 5,50,14,000/- in respect of Ekranigaon to Chumoukedima Page No.# 23/26 under Chumoukedima District-II and Rs. 33,26,800/- Ekranigaon to Chumoukedima under Chumoukedima District. The said estimate for compensation has been submitted to the Commisioner, Nagaland. It is therefore submitted that the respondents have fully complied with the direction of this Court passed in WP(C)/185/2019. The learned counsel, Ms. V. Suokhrie also submits that this Court, at direction no. 5, paragraph no. 34 had given liberty to the petitioners to approach the civil court if the landowners were aggrieved by the fact-finding inquiry. Therefore, if the landowners/petitioners are aggrieved by the inquirey/verification report, they ought to have approached the civil court and not this court by way of a contempt petition. The learned counsel, Ms. V. Suokhrie has relied on the following judgments to support her contentions: 1. Kapildeo Prasad Sah and others vs State of Bihar and others reported in (1999) 7 SCC 569 2. Lalith Mathur vs L. Maheswara Rao reported in (2000) 10 SCC 285. 11. Relying on the aforementioned judgments of the Hon’ble Apex Court, he learned counsel submits that in order to hold the respondents guilty of contempt, it has to be shown that there has been wilful disobedience of the judgment and order of the Court. The power to punish for contempt is to be resorted to when there is clear violation of the Court’s order. It is submitted that since notice of contempt and punishment of contempt has far reaching consequences, these powers should be invoked only when a clear case of wilful disobedience of the Court’s order has Page No.# 24/26 been made out. It is therefore submitted that the respondents have already complied with the direction of this court and therefore the present petition is liable to be dismissed. 12. The learned counsel, Mr. N. Angami for the respondent No.1 and learned counsel Mr. M. Longkumer for the respondent No.2 have also adopted the submissions of the learned counsel, Ms. V. Suokhrie. 13. This court has considered the submissions of the parties and perused the pleadings as well as the authorities relied upon. Upon going through the direction of this court contained in paragraph 34 of the Judgment and Order dated 29.11.2022 it is seen that the Deputy Commissioner Dimapur and Deputy Commissioner Chumoukedima were directed to conduct a fact finding inquiry to decide how much and which land of each of the petitioners or any of the landowners had been affected on NH-39 from 110-123 Kms from Dimapur to Chumoukedima. It was also directed that if it was found upon verification that the petitioners or the landowners had been affected on account of enlarging the width of NH-39 by 27 mtrs from 110-123Kms from Dimapur to Chumoukedima, in that case, the Deputy Commissioner, Dimapur/Deputy Commissioner, Chumoukedima in consultation with the State of Nagaland as well as the respondent no. 2 shall initiate proceedings after acquisition under the National Highway Act, 1956 by following due process. It was also directed that if the petitioners/landowners are aggrieved by the fact finding inquiry, they would be at liberty to initiate proceedings under the CPC. Page No.# 25/26 14. This Court upon going through the pleadings has found that the fact finding inquiry has been duly carried out by the respondents and it was found that none of the petitioners/landowners have been affected except 6 of them. And since the petitioners were found not to be affected by the widening of NH-29, the respondents have not resorted to the acquisition process under the National Highway Act, 1956. This Court, in a contempt proceeding cannot give further directions for reverification as the inquiry has found that the petitioners/landowners were not affected by enlarging the width of NH-39 by 27 mtrs except 6 of them as already mentioned earlier. The Judgment relied upon by the petitioners can be differentiated on the facts inasmuchas in the case relied upon, the court had directed for regularization of the complainants from the year 1981 whereas the respondents had regularized the service of the complainants from the year 1987 only. Therefore, the respondents had been directed to comply with the direction in toto by regularizing the service from the year 1981 and to submit compliance report within four weeks. Such a direction in a contempt proceeding was possible in the referred case as the date of regularization was clearly mentioned by the court. However, in the present case, the facts and circumstances are not the same inasmuch as it is only the verification which can reveal whether the petitioners/landowners have been affected or not. In such a situation, this Court cannot give further directions for reverification in this contempt proceeding. Accordingly, this Court finds that there is no willful disobedience of the Order dated 29.11.2022 passed in WP(C)/185/2019 nor is Page No.# 26/26 there any violation of the Judgment and Order dated 29.11.2022 passed by this Court. This Court in WP(C)/185/2019 had already provided the remedy to the petitioners/landowners to initiate proceedings under the CPC in case they are aggrieved by the fact finding inquiry. The petition is accordingly dismissed. Sd/- JUDGE Comparing Assistant