Page No.# 1/10 GAHC020006322026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/237/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND. 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER-IN-CHIEF PWD (NH). NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAN VERSUS SHRI KUCHONGOYO TUNYI AND 13 ORS SON OF DUSANYO, PERMANENT R/O RD BLOCK KIKRUMA PHEK DISTRICT- 797108, NAGALAND2:SHRI PULOHU VERO SON OF LT. ABO PERMANENT R/O KIKRUMA VILLAGE PHEK DISTRICT-797108 3:SHRI THENUVEYI THULUO SON OF LT. HONU THULUO PERMANENT R/O KIKRUMA VILLAGE PHEK DISTRICT-797108 4:SHRI ZACUP CHOTSO SON OF LT. NGORUNYI CHOTSO PERMANENT R/O RUKIZU COLONY PFUTSERO PHEK DISTRICT-797108 Page No.# 2/10 5:SHRI CIEKROKHOYI ROSE SON OF LT. POSATSO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK NAGALAND-797108 6:SHRI VEZHUYI CHUZHO SON OF VETSORU CHUZHO PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 7:SHRI VEHUPA ROSE SON OF LT. HUVECHO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 8:SHRI MULUVOYI SON OF LT. RAYI PERMANENT R/O RUKIZU COLONY PFUTSERO PHEK DISTRICT-797108 9:SHRI VEHUPA ROSE AND PARTY SON OF LT. HUVECHO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 10:SHRI KEVEPOYI DIZUMO SON OF LT. HURITSO DIZUMO PERMANENT R/O ZHIPA COLONY PFUTSERO PHEK DISTRICT-797108 11:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 12:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI-110001 Page No.# 3/10 13:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 14:THE VILLAGE COUNCIL PFUTSERO VILLAGE REPRESENTED BY IT CHAIRMAN PHEK NAGALAND-79710 Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : I.A.(Civil)/238/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND. 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER-IN-CHIEF PWD (NH). NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI KUCHONGOYO TUNYI AND 13 ORS SON OF DUSANYO PERMANENT R/O RD BLOCK KIKRUMA PHEK DISTRICT-797108 NAGALAND 2:SHRI PULOHU VERO SON OF LT. ABO PERMANENT R/O KIKRUMA VILLAGE PHEK DISTRICT-797108 3:SHRI THENUVEYI THULUO Page No.# 4/10 SON OF LT. HONU THULUO PERMANENT R/O KIKRUMA VILLAGE PHEK DISTRICT-797108 4:SHRI ZACUP CHOTSO SON OF LT. NGORUNYI CHOTSO PERMANENT R/O RUKIZU COLONY PFUTSERO PHEK DISTRICT-797108 5:SHRI CIEKROKHOYI ROSE SON OF LT. POSATSO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK NAGALAND-797108 6:SHRI VEZHUYI CHUZHO SON OF VETSORU CHUZHO PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 7:SHRI VEHUPA ROSE SON OF LT. HUVECHO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 8:SHRI MULUVOYI SON OF LT. RAYI PERMANENT R/O RUKIZU COLONY PFUTSERO PHEK DISTRICT-797108 9:SHRI VEHUPA ROSE AND PARTY SON OF LT. HUVECHO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 10:SHRI KEVEPOYI DIZUMO SON OF LT. HURITSO DIZUMO PERMANENT R/O ZHIPA COLONY PFUTSERO PHEK DISTRICT-797108 11:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 Page No.# 5/10 12:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI-110001 13:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 14:THE VILLAGE COUNCIL PFUTSERO VILLAGE REPRESENTED BY IT CHAIRMAN PHEK NAGALAND-797108 ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI KUCHONGOYO TUNYI AND 13 ORS Linked Case : WA/52/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND. 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER-IN-CHIEF PWD (NH). NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI KUCHONGOYO TUNYI AND 13 ORS SON OF DUSANYO PERMANENT R/O RD BLOCK KIKRUMA PHEK DISTRICT-797108 NAGALAND 2:SHRI PULOHU VERO Page No.# 6/10 SON OF LT. ABO PERMANENT R/O KIKRUMA VILLAGE PHEK DISTRICT-797108 3:SHRI THENUVEYI THULUO SON OF LT. HONU THULUO PERMANENT R/O KIKRUMA VILLAGE PHEK DISTRICT-797108 4:SHRI ZACUP CHOTSO SON OF LT. NGORUNYI CHOTSO PERMANENT R/O RUKIZU COLONY PFUTSERO PHEK DISTRICT-797108 5:SHRI CIEKROKHOYI ROSE SON OF LT. POSATSO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK NAGALAND-797108 6:SHRI VEZHUYI CHUZHO SON OF VETSORU CHUZHO PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 7:SHRI VEHUPA ROSE SON OF LT. HUVECHO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 8:SHRI MULUVOYI SON OF LT. RAYI PERMANENT R/O RUKIZU COLONY PFUTSERO PHEK DISTRICT-797108 9:SHRI VEHUPA ROSE AND PARTY SON OF LT. HUVECHO ROSE PERMANENT R/O PHUSACHODU VILLAGE PHEK DISTRICT-797108 10:SHRI KEVEPOYI DIZUMO SON OF LT. HURITSO DIZUMO PERMANENT R/O ZHIPA COLONY PFUTSERO PHEK DISTRICT-797108 11:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS Page No.# 7/10 GOVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 12:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI-110001 13:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 14:THE VILLAGE COUNCIL PFUTSERO VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND-797108 ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI KUCHONGOYO TUNYI AND 13 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 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. Page No.# 8/10 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 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. Page No.# 9/10 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 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 Page No.# 10/10 28.10.2026. Sd/- JUDGE Comparing Assistant