Page No.# 1/14 GAHC020005902026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/214/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY DEPT. 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 NEKUDUYI HUIRE AND 22 ORS S/O SHRI NESUYI HUIRE, PERMANENT RESIDENT OF PHEK VILLAGE, PHEK, NAGALAND - 797108 2:SHRI ZHOSHEPA H. KEYHO S/O LATE CHIVOTSO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 3:SHRI SUVEI S/O SHRI LUSAYI PERMANENT RESIDENT OF PHEK VILLAGE Page No.# 2/14 PHEK NAGALAND - 797108 4:SHRI NESAKHOYI VENUH S/O SHRI VETARE VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 5:SHRI VEMUDO VENUH S/O SHRI DUNEPA VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 6:SHRI ZHOTHOSE VENUH S/O SHRI VEXONU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 7:SHRI DUVETSEIYI VENUH S/O SHRI VEIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 8:SHRI VEPICHI KEYHO S/O SHRI NIEKHUSA KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 9:SHRI KHUTSUTSO CHIZO S/O SHRI DUHUTSU CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 10:SHRI KEVINULHOU HOSHI S/O SHRI SUSAI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 11:SHRI THUPUNGOI CHIZO S/O SHRI YESAYI CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK Page No.# 3/14 NAGALAND - 797108 12:SHRI NIETSISA RHAKHO S/O SHRI MOYIVE RHAKHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 13:SHRI KUZHOHU SOHO S/O SHRI SHENUTSO SOHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 14:SHRI HUVETA HOSHI S/O SHRI SATSOYI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 15:SHRI KHOSHETO HOSHI S/O SHRI HUVETA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 16:SHRI VENIEKHO VENUH S/O SHRI PUNIEHU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 17:SHRI ZHOTSO KEYHO S/O SHRI PUNIEDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 18:SHRI KHOSAZO KEYHO S/O SHRI VEHUDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 19:SHRI SHEKHOZO CHIZO S/O SHRI CHINEYI PERMANENT RESIDENT OF PHEK VILLAGE PHEK Page No.# 4/14 NAGALAND - 797108 20:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA. 21:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 41 - PARLIAMENT STREET NEW DELHI - 110001 22:THE EXECUTIVE DIRECTOR NHIDCL(P) KOHIMA NAGALAND 23:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/44/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY DEPT. OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER IN CHIEF NPWD Page No.# 5/14 NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD(NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI NEKUDUYI HUIRE AND 22 ORS S/O SHRI NESUYI HUIRE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 2:SHRI ZHOSHEPA H. KEYHO S/O LATE CHIVOTSO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 3:SHRI SUVEI S/O SHRI LUSAYI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 4:SHRI NESAKHOYI VENUH S/O SHRI VETARE VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 5:SHRI VEMUDO VENUH S/O SHRI DUNEPA VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 6:SHRI ZHOTHOSE VENUH S/O SHRI VEXONU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 Page No.# 6/14 7:SHRI DUVETSEIYI VENUH S/O SHRI VEIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 8:SHRI VEPICHI KEYHO S/O SHRI NIEKHUSA KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 9:SHRI KHUTSUTSO CHIZO S/O SHRI DUHUTSU CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 10:SHRI KEVINULHOU HOSHI S/O SHRI SUSAI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 11:SHRI THUPUNGOI CHIZO S/O SHRI YESAYI CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 12:SHRI NIETSISA RHAKHO S/O SHRI MOYIVE RHAKHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 13:SHRI KUZHOHU SOHO S/O SHRI SHENUTSO SOHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 14:SHRI HUVETA HOSHI S/O SHRI SATSOYI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 Page No.# 7/14 15:SHRI KHOSHETO HOSHI S/O SHRI HUVETA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 16:SHRI VENIEKHO VENUH S/O SHRI PUNIEHU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 17:SHRI ZHOTSO KEYHO S/O SHRI PUNIEDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 18:SHRI KHOSAZO KEYHO S/O SHRI VEHUDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 19:SHRI SHEKHOZO CHIZO S/O SHRI CHINEYI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 20:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA. 21:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 41 - PARLIAMENT STREET NEW DELHI - 110001 22:THE EXECUTIVE DIRECTOR NHIDCL(P) KOHIMA NAGALAND Page No.# 8/14 23:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NEKUDUYI HUIRE AND 22 ORS Linked Case : I.A.(Civil)/215/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY DEPT. 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 NEKUDUYI HUIRE AND 22 ORS SON OF SHRI. NESUYI HUIRE PERMANENT RESIDENT OF PHEK VILLAGE PHEK-797108 NAGALAND 2:SHRI ZHOSHEPA H. KEYHO S/O LATE CHIVOTSO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 Page No.# 9/14 3:SHRI SUVEI S/O SHRI LUSAYI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 4:SHRI NESAKHOYI VENUH S/O SHRI VETARE VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 5:SHRI VEMUDO VENUH S/O SHRI DUNEPA VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 6:SHRI ZHOTHOSE VENUH S/O SHRI VEXONU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 7:SHRI DUVETSEIYI VENUH S/O SHRI VEIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 8:SHRI VEPICHI KEYHO S/O SHRI NIEKHUSA KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 9:SHRI KHUTSUTSO CHIZO S/O SHRI DUHUTSU CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 10:SHRI KEVINULHOU HOSHI S/O SHRI SUSAI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 11:SHRI THUPUNGOI CHIZO Page No.# 10/14 S/O SHRI YESAYI CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 12:SHRI NIETSISA RHAKHO S/O SHRI MOYIVE RHAKHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 13:SHRI KUZHOHU SOHO S/O SHRI SHENUTSO SOHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 14:SHRI HUVETA HOSHI S/O SHRI SATSOYI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 15:SHRI KHOSHETO HOSHI S/O SHRI HUVETA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 16:SHRI VENIEKHO VENUH S/O SHRI PUNIEHU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 17:SHRI ZHOTSO KEYHO S/O SHRI PUNIEDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 18:SHRI KHOSAZO KEYHO S/O SHRI VEHUDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 19:SHRI SHEKHOZO CHIZO Page No.# 11/14 S/O SHRI CHINEYI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND - 797108 20:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA. 21:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 41 - PARLIAMENT STREET NEW DELHI - 110001 22:THE EXECUTIVE DIRECTOR NHIDCL(P) KOHIMA NAGALAND 23:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NEKUDUYI HUIRE AND 22 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 Page No.# 12/14 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 Page No.# 13/14 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 Page No.# 14/14 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