Page No.# 1/19 GAHC020006352026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/262/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT 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 MHASHETO MEDE-O AND 36 ORS S/O LATE KHAHUYI MEDE-O, PERMANENT RESIDENT OF PHOLAMI VILLAGE, PHEK, NAGALAND - 797107 2:SHRI SHEDUYI S/O SUVEYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 3:SHRI ZHOTOYI THERIE S/O VEDUTSO THERIE PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 Page No.# 2/19 4:SHRI ZHOPOVEYI S/O KUHUVEYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 5:SHRI SOSHETSO M. TSUTSO S/O YESANU PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 6:SHRI JWENSENLE PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 7:SHRI VETACHO NAKRO S/O NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 8:SHRI VEPASAYI S/O PUNGOCHO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 9:SHRI MUDOSU S/O YESAPA PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 10:SHRI VEYI NAKRO S/O LATE KHUTSOYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 11:SHRI VEKHO KEZO S/O LATE MURIHO KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 12:SHRI VENETO Page No.# 3/19 S/O CIEKHUSUYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 13:SMTI. RUVEHULU KEZO D/O LATE VESHETSO NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 14:SHRI VELI MEDEO S/O LATE MUSAHI MEDEO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 15:SHRI ZACUSA S/O SHRI RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 16:SHRI HUSWEVE RESUH S/O KUHUSO RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 17:SHRI SUPOYI S/O KHRUSAYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 18:SHRI VEZHOPRA S/O VEDUTSO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 19:SHRI VESOPA NAKRO S/O LATE CIEKROSWU PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 20:SHRI KHRIEZO RESUH Page No.# 4/19 S/O LATE KUHUSO RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 21:SHRI KUVETHO PARTY S/O VEMURHA PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 22:SHRI KUZOVEYI KEZO S/O MURHUVE KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 23:SHRI VEPRASWU S/O SHRI CHAKESHANG PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 24:SHRI VELUKHO NAKRO S/O LATE VENGOTA NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 25:SMTI. THUKUVELU KEZO D/O KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 26:SHRI POVETSO S/O ZAVESAYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 27:SHRI VEPOZO KHAMO S/O PUHUSUYI KHAMO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 28:SHRI VEKUKHO RESUH Page No.# 5/19 S/O VEHURU RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 29:SHRI KUVETHI S/O LATE CEKHUPHUKI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 30:SHRI SHIEKHOTO RESUH S/O LATE VEHUTA RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 31:SHRI UNU THERIE S/O SHESUYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 32:SHRI KEDUSUYI KHAMO S/O ZUPOTSO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 33:SHRI COTO NAKRO S/O NUVETA NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 34: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 35:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR Page No.# 6/19 PTI BUILDING 4-PARLIAMENT NEW DELHI-110001 36:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 37:THE VILLAGE COUNCIL PHOLAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/60/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT 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 MHASHETO MEDE-O AND 36 ORS S/O LATE KHAHUYI MEDE-O PERMANENT RESIDENT OF PHOLAMI VILLAGE Page No.# 7/19 PHEK NAGALAND - 797107 2:SHRI SHEDUYI S/O SUVEYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 3:SHRI ZHOTOYI THERIE S/O VEDUTSO THERIE PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 4:SHRI ZHOPOVEYI S/O KUHUVEYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 5:SHRI SOSHETSO M. TSUTSO S/O YESANU PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 6:SHRI JWENSENLE PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 7:SHRI VETACHO NAKRO S/O NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 8:SHRI VEPASAYI S/O PUNGOCHO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 9:SHRI MUDOSU S/O YESAPA PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 8/19 NAGALAND - 797107 10:SHRI VEYI NAKRO S/O LATE KHUTSOYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 11:SHRI VEKHO KEZO S/O LATE MURIHO KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 12:SHRI VENETO S/O CIEKHUSUYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 13:SMTI. RUVEHULU KEZO D/O LATE VESHETSO NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 14:SHRI VELI MEDEO S/O LATE MUSAHI MEDEO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 15:SHRI ZACUSA S/O SHRI RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 16:SHRI HUSWEVE RESUH S/O KUHUSO RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 17:SHRI SUPOYI S/O KHRUSAYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 9/19 NAGALAND - 797107 18:SHRI VEZHOPRA S/O VEDUTSO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 19:SHRI VESOPA NAKRO S/O LATE CIEKROSWU PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 20:SHRI KHRIEZO RESUH S/O LATE KUHUSO RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 21:SHRI KUVETHO PARTY S/O VEMURHA PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 22:SHRI KUZOVEYI KEZO S/O MURHUVE KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 23:SHRI VEPRASWU S/O SHRI CHAKESHANG PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 24:SHRI VELUKHO NAKRO S/O LATE VENGOTA NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 25:SMTI. THUKUVELU KEZO D/O KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 10/19 NAGALAND - 797107 26:SHRI POVETSO S/O ZAVESAYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 27:SHRI VEPOZO KHAMO S/O PUHUSUYI KHAMO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 28:SHRI VEKUKHO RESUH S/O VEHURU RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 29:SHRI KUVETHI S/O LATE CEKHUPHUKI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 30:SHRI SHIEKHOTO RESUH S/O LATE VEHUTA RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 31:SHRI UNU THERIE S/O SHESUYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 32:SHRI KEDUSUYI KHAMO S/O ZUPOTSO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 33:SHRI COTO NAKRO S/O NUVETA NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 11/19 NAGALAND - 797107 34: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 35:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4-PARLIAMENT NEW DELHI-110001 36:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 37:THE VILLAGE COUNCIL PHOLAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI MHASHETO MEDE-O AND 36 ORS Linked Case : I.A.(Civil)/263/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA Page No.# 12/19 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI MHASHETO MEDE-O AND 36 ORS S/O LATE KHAHUYI MEDE-O PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 2:SHRI SHEDUYI S/O SUVEYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 3:SHRI ZHOTOYI THERIE S/O VEDUTSO THERIE PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 4:SHRI ZHOPOVEYI S/O KUHUVEYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 5:SHRI SOSHETSO M. TSUTSO S/O YESANU PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 6:SHRI JWENSENLE PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 7:SHRI VETACHO NAKRO S/O NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 13/19 NAGALAND - 797107 8:SHRI VEPASAYI S/O PUNGOCHO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 9:SHRI MUDOSU S/O YESAPA PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 10:SHRI VEYI NAKRO S/O LATE KHUTSOYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 11:SHRI VEKHO KEZO S/O LATE MURIHO KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 12:SHRI VENETO S/O CIEKHUSUYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 13:SMTI. RUVEHULU KEZO D/O LATE VESHETSO NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 14:SHRI VELI MEDEO S/O LATE MUSAHI MEDEO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 15:SHRI ZACUSA S/O SHRI RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 14/19 NAGALAND - 797107 16:SHRI HUSWEVE RESUH S/O KUHUSO RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 17:SHRI SUPOYI S/O KHRUSAYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 18:SHRI VEZHOPRA S/O VEDUTSO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 19:SHRI VESOPA NAKRO S/O LATE CIEKROSWU PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 20:SHRI KHRIEZO RESUH S/O LATE KUHUSO RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 21:SHRI KUVETHO PARTY S/O VEMURHA PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 22:SHRI KUZOVEYI KEZO S/O MURHUVE KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 23:SHRI VEPRASWU S/O SHRI CHAKESHANG PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 15/19 NAGALAND - 797107 24:SHRI VELUKHO NAKRO S/O LATE VENGOTA NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 25:SMTI. THUKUVELU KEZO D/O KEZO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 26:SHRI POVETSO S/O ZAVESAYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 27:SHRI VEPOZO KHAMO S/O PUHUSUYI KHAMO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 28:SHRI VEKUKHO RESUH S/O VEHURU RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 29:SHRI KUVETHI S/O LATE CEKHUPHUKI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 30:SHRI SHIEKHOTO RESUH S/O LATE VEHUTA RESUH PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 31:SHRI UNU THERIE S/O SHESUYI PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK Page No.# 16/19 NAGALAND - 797107 32:SHRI KEDUSUYI KHAMO S/O ZUPOTSO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 33:SHRI COTO NAKRO S/O NUVETA NAKRO PERMANENT RESIDENT OF PHOLAMI VILLAGE PHEK NAGALAND - 797107 34: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 35:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4-PARLIAMENT NEW DELHI-110001 36:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 37:THE VILLAGE COUNCIL PHOLAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI MHASHETO MEDE-O AND 36 ORS Page No.# 17/19 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. 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, Page No.# 18/19 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. 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. Page No.# 19/19 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 28.10.2026. Sd/- JUDGE Comparing Assistant