Page No.# 1/18 GAHC020006412026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/251/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, NAGALAND KOHIMA. 2: THE COMMISSIONER AND SECRETARY DEPT. 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 DISTRICT. NAGALAN VERSUS SHRI MUDOZHOYI NAKHRO AND 33 ORS SON OF LT. KHUTSOYI NAKRO, PERMANENT R/O PHOLAMI VILLAGE, PHEK, NAGALAND. 2:SHRI VEZHODUYI NAKRO SON OF LT. PUKROVE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 3:PHOLAMI VILLAGE COUNCIL REPRESENTED BY SHRI VETHAYI SON OF LT. MUSAHI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. Page No.# 2/18 4:SHRI DODE NAKRO SON OF LT. VEKHUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 5:SHRI VESUZOLU SON OF SHRI KUHUSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 6:SHRI VEKHOZO SON OF LT. ZUVETA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 7:SHRI SHEVOZO SON OF SHRI SOSHEYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 8:SHRI VEZOKHO SON OF SHRI VEZHOCHO VEZHU PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 9:SHRI RAZZUCUYI SON OF SHRI VEPOSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 10:SMTI. DZUTHONOLU NAKRO DAUGHTER OF LT. VEKHUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 11:SHRI MEDOVEYI NAKRO SON OF SHRI VESWUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. Page No.# 3/18 12:SHRI VEKUYE NAKRO SON OF SHRI KUHUSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 13:SHRI MUGUPHO NAKRO SON OF LT. VESUYI NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 14:SHRI VEHUTO SON OF SHRI NEPOHU NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 15:SHRI RUKUVE THERIE SON OF LT. CUSAYI THERIE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 16:SHRI NESACHO SON OF HUVETA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 17:SHRI RUZUKHRU THERIE SON OF SHRI HUSUHCU THERIE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 18:SHRI VESHETO SON OF SHRI YESWUPRA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 19:SHRI POTO SON OF SHRI VEMURHA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. Page No.# 4/18 20:SHRI HUTO SON OF SHRI VECUPRA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 21:SHRI SOSHEYI SON OF SHRI KHAHUYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 22:SHRI VESUHVO TSUTSO SON OF LT. PUCHOTA TSUTSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 23:SHRI VEZONU KEZO SON OF SHRI NESACHO KEZO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 24:SHRI NEVOTSO MEDEO SON OF LT. PUKHRIYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 25:SHRI VEKROHU (PARTY) REPRESENTED BY SHRI VEKROHU SON OF SHRI VESHETSO NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 26:SHRI HUSAKHO SON OF PUNGOCHO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 27:SHRI POKHOTO KEZO SON OF SHRI S. KEZO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. Page No.# 5/18 28:SHRI POVESU SON OF SHRI ZACUYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 29:SHRI THUPUSUYI SON OF SHRI VENEYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 30:SHRI SHEO VEZHUHU SON OF LT. SHEKHOYI VEZHUH PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 31: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 32: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 33:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 34:THE VILLAGE COUNCIL PHOLAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Page No.# 6/18 Linked Case : I.A.(Civil)/253/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA. 2: THE COMMISSIONER AND SECRETARY DEPT. 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 DISTRICT. NAGALAND VERSUS SHRI MUDOZHOYI NAKHRO AND 33 ORS SON OF LT. KHUTSOYI NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 2:SHRI VEZHODUYI NAKRO SON OF LT. PUKROVE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 3:PHOLAMI VILLAGE COUNCIL REPRESENTED BY SHRI VETHAYI SON OF LT. MUSAHI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 4:SHRI DODE NAKRO SON OF LT. VEKHUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE Page No.# 7/18 PHEK NAGALAND. 5:SHRI VESUZOLU SON OF SHRI KUHUSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 6:SHRI VEKHOZO SON OF LT. ZUVETA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 7:SHRI SHEVOZO SON OF SHRI SOSHEYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 8:SHRI VEZOKHO SON OF SHRI VEZHOCHO VEZHU PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 9:SHRI RAZZUCUYI SON OF SHRI VEPOSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 10:SMTI. DZUTHONOLU NAKRO DAUGHTER OF LT. VEKHUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 11:SHRI MEDOVEYI NAKRO SON OF SHRI VESWUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 12:SHRI VEKUYE NAKRO SON OF SHRI KUHUSO PERMANENT R/O PHOLAMI VILLAGE Page No.# 8/18 PHEK NAGALAND. 13:SHRI MUGUPHO NAKRO SON OF LT. VESUYI NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 14:SHRI VEHUTO SON OF SHRI NEPOHU NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 15:SHRI RUKUVE THERIE SON OF LT. CUSAYI THERIE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 16:SHRI NESACHO SON OF HUVETA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 17:SHRI RUZUKHRU THERIE SON OF SHRI HUSUHCU THERIE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 18:SHRI VESHETO SON OF SHRI YESWUPRA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 19:SHRI POTO SON OF SHRI VEMURHA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 20:SHRI HUTO SON OF SHRI VECUPRA PERMANENT R/O PHOLAMI VILLAGE Page No.# 9/18 PHEK NAGALAND. 21:SHRI SOSHEYI SON OF SHRI KHAHUYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 22:SHRI VESUHVO TSUTSO SON OF LT. PUCHOTA TSUTSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 23:SHRI VEZONU KEZO SON OF SHRI NESACHO KEZO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 24:SHRI NEVOTSO MEDEO SON OF LT. PUKHRIYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 25:SHRI VEKROHU (PARTY) REPRESENTED BY SHRI VEKROHU SON OF SHRI VESHETSO NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 26:SHRI HUSAKHO SON OF PUNGOCHO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 27:SHRI POKHOTO KEZO SON OF SHRI S. KEZO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 28:SHRI POVESU SON OF SHRI ZACUYI Page No.# 10/18 PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 29:SHRI THUPUSUYI SON OF SHRI VENEYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 30:SHRI SHEO VEZHUHU SON OF LT. SHEKHOYI VEZHUH PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 31: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 32: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 33:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 34:THE VILLAGE COUNCIL PHOLAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI MUDOZHOYI NAKHRO AND 33 ORS Linked Case : WA/51/2026 Page No.# 11/18 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA. 2: THE COMMISSIONER AND SECRETARY DEPT. 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 DISTRICT. NAGALAND VERSUS SHRI MUDOZHOYI NAKHRO AND 33 ORS SON OF LT. KHUTSOYI NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 2:SHRI VEZHODUYI NAKRO SON OF LT. PUKROVE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 3:PHOLAMI VILLAGE COUNCIL REPRESENTED BY SHRI VETHAYI SON OF LT. MUSAHI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 4:SHRI DODE NAKRO SON OF LT. VEKHUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 5:SHRI VESUZOLU SON OF SHRI KUHUSO PERMANENT R/O PHOLAMI VILLAGE Page No.# 12/18 PHEK NAGALAND. 6:SHRI VEKHOZO SON OF LT. ZUVETA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 7:SHRI SHEVOZO SON OF SHRI SOSHEYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 8:SHRI VEZOKHO SON OF SHRI VEZHOCHO VEZHU PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 9:SHRI RAZZUCUYI SON OF SHRI VEPOSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 10:SMTI. DZUTHONOLU NAKRO DAUGHTER OF LT. VEKHUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 11:SHRI MEDOVEYI NAKRO SON OF SHRI VESWUTA NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 12:SHRI VEKUYE NAKRO SON OF SHRI KUHUSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 13:SHRI MUGUPHO NAKRO SON OF LT. VESUYI NAKRO PERMANENT R/O PHOLAMI VILLAGE Page No.# 13/18 PHEK NAGALAND. 14:SHRI VEHUTO SON OF SHRI NEPOHU NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 15:SHRI RUKUVE THERIE SON OF LT. CUSAYI THERIE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 16:SHRI NESACHO SON OF HUVETA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 17:SHRI RUZUKHRU THERIE SON OF SHRI HUSUHCU THERIE PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 18:SHRI VESHETO SON OF SHRI YESWUPRA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 19:SHRI POTO SON OF SHRI VEMURHA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 20:SHRI HUTO SON OF SHRI VECUPRA PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 21:SHRI SOSHEYI SON OF SHRI KHAHUYI PERMANENT R/O PHOLAMI VILLAGE Page No.# 14/18 PHEK NAGALAND. 22:SHRI VESUHVO TSUTSO SON OF LT. PUCHOTA TSUTSO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 23:SHRI VEZONU KEZO SON OF SHRI NESACHO KEZO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 24:SHRI NEVOTSO MEDEO SON OF LT. PUKHRIYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 25:SHRI VEKROHU (PARTY) REPRESENTED BY SHRI VEKROHU SON OF SHRI VESHETSO NAKRO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 26:SHRI HUSAKHO SON OF PUNGOCHO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 27:SHRI POKHOTO KEZO SON OF SHRI S. KEZO PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 28:SHRI POVESU SON OF SHRI ZACUYI PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 29:SHRI THUPUSUYI SON OF SHRI VENEYI Page No.# 15/18 PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 30:SHRI SHEO VEZHUHU SON OF LT. SHEKHOYI VEZHUH PERMANENT R/O PHOLAMI VILLAGE PHEK NAGALAND. 31: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 32: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 33:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 34:THE VILLAGE COUNCIL PHOLAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI MUDOZHOYI NAKHRO AND 33 ORS BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 07.10.2026 (Y Longkumer. J) Page No.# 16/18 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, 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, Page No.# 17/18 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. 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. Page No.# 18/18 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