Page No.# 1/5 GAHC020006522026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/130/2026 SHRI K. THUCHU S/O S. KHROCHU, R/O WAZIHO MAIN TOWN, MELURI, NAGALAND - 797114 VERSUS THE STATE OF NAGALAND AND 7 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND, KOHIMA, NAGALAND 2:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH) 1 - PARLIAMENT STREET TRANSPORT BHAWAN NEW DELHI - 110001 3:THE MANAGING DIRECTOR NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI - 110001 4:THE EXECUTIVE DIRECTOR NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) PWD REST HOUSE PWD COLONY 5:THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING GOVT. OF NAGALAND KOHIMA NAGALAND Page No.# 2/5 6:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (NH) KOHIMA NAGALAND 7:THE DEPUTY COMMISSIONER MELURI NAGALAND 8:ADDITIONAL DEPUTY COMMISSIONER MELUR Advocate for the Petitioner : PAKINRICHAPBO, NYUCHITHO L NYUTHE,PAAZUSOUL ROSU,THEPFUKEDO Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 06.08.2026 Heard Mr. Pakinrichapbo, learned counsel appearing for the petitioner. Also heard Mr. A. Sangtam, learned Government appearing for the State respondents. The instant petition under Article 226 of the Constitution of India has been filed by the petitioner, assailing the assessment order for damage to his residential house as well as land by the respondent authorities while constructing the 2-Lane on NH 202K Akhegwo- Avangkhu Section in Meluri District. The case of the petitioner is that the petitioner owns a residential building along the highway at Main Town, Weziho. It is contended that the construction of 2-Lane on NH 202K in Akhegwo-Avangkhu Section in Meluri District, has caused damages to the developed land of the petitioner as well as residential building standing on the said land. It is Page No.# 3/5 contended that due to such damage to the residential house as well as the land of the petitioner, the petitioner had submitted a written complaint on 04.05.2025 before the Deputy Commissioner, Meluri to carry out a spot verification and assessment of the damaged property and thereafter, prayed for the compensation for such damages caused to his property. Since the aforesaid complaint/representation was not considered by the respondent authorities, he was forced to approach this court by way of filing WP(C) No. 6 of 2026, wherein this court by order dated 23.01.2026, directed the respondent authorities to carry out a joint verification and assessment of the petitioner's damaged residential building. Pursuant to the aforesaid order, a joint verification was conducted by the District Administration, NHIDCL officials, Authority Engineers, Mayaseel Construction JSP Private Limited, PWD (Housing) officials, representatives of the executing agency, village authorities and the petitioner on 20.02.2026 and on 03.03.2026 respectively and the calculation of the depreciation value of the building as per SOR NPWD 2021 was done. Thereafter, an assessment report dated 03.03.2026 was prepared assessing the damage, the estimated compensation amount for the damaged property of the petitioner was assessed at Rs 10,85,911/- (Rupees Ten Lakh Eighty Five Thousand Nine Hundred and Eleven) only. The case of the petitioner is that the assessment and the compensation calculated by the respondent authorities is very less in comparison to the damage that has been caused to the residential house and the land owned by the petitioner. It is contended that that damage to the land has not been taken into account while assessing the damage by the respondent authorities. In view of the aforesaid, the petitioner has submitted a representation dated 05.05.2026 before the Deputy Commissioner, Meluri, requesting for a fresh reassessment of the damaged residential Page No.# 4/5 building of the petitioner as well as the land. The same has not been responded by the respondent authorities as yet. The learned counsel appearing for the petitioner submits that the assessment has been wrongly done by the respondent authorities and, additionally, no assessment of the damage of the land has been done by the respondent authorities. In view of the aforesaid, he submits that since he has already filed a representation before the respondent authorities, the same should be considered by the respondent authorities. He submits that the instant writ petition can be disposed of with a direction to the respondent authorities to consider his representation dated 05.05.2026 submitted before the Deputy Commissioner, Meluri. Mr. Sangtam, learned counsel appearing for the respondent authorities, does not have any objection to such limited prayer of the learned counsel for the petitioner. Taking into account the nature of the dispute and submissions made by the counsel appearing for the respective parties, this court is disposing of the instant writ petition with a direction to the Deputy Commissioner, Meluri to consider the representation filed by the petitioner on 05.05.2026 and pass the necessary speaking order within a period of 1 (one) month from today. While considering the representation of the petitioner, the Deputy Commissioner, Meluri, shall also include the other stakeholders involved before passing the speaking order. The petitioner is directed to submit a certified copy of this order to the respondent authorities at the earliest. In view of the aforesaid direction, the instant writ petition is disposed of. Page No.# 5/5 Sd/- JUDGE Comparing Assistant