Page No.# 1/16 GAHC020006202026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/227/2026 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 PWD (NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAN VERSUS SHRI GEPFULO MEKRISUH AND 28 ORS SON OF SHRI YENGULO MEKRISUH, PERMANENT R/O LOSAMI VILLAGE, PHEK NAGALAND 2:SHRI DEWE K TARA SON OF SHRI WEKHWEPE K TARA PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 3:SHRI KHAWELO SON OF SHRI WETEHI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 4:SHRI WEKHWESHE KAPFO Page No.# 2/16 SON OF SHRI KOWECHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 5:SHRI CHEZOPE KANUOH SON OF LT. KEZUKHWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 6:SHRI WEKHWESTU SON OF LT. KEZUKHWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 7:SHRI KOWETSOLO MEKRISUH SON OF SHRI KEWEKHALO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 8:SHRI NEIZUTSO MEKRISUH SON OF LT. KEHITSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 9:SHRI WENIKHWE SON OF SHRI SONGULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 10:SHRI NEIKHWETSU SON OF SONGULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 11:SHRI KEWEKHA LOHE SON OF LT. KEKHWECHU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 12:SHRI NGUPETSO Page No.# 3/16 SON OF SHRI MESEHIKHWE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 13:SHRI BEWE KHAMO SON OF SHRI KOWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 14:SHRI NEIWUTE K TARA SON OF LT. WEKHANYI K TARA PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 15:SHRI NEIWEKHA AKAMI SON OF SHRI DICHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 16:SHRI HISEZO K TARA SON OF LATE WEKHWETE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 17:SHRI NEIHITSO AKAMI SON OF LT. KEWENGULO AKAMI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 18:SHRI DEWELO SWURO SON OF LT. ZEWEPE SWURO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 19:SHRI KEKHWENE KHAMO SON OF SHRI WEKHAZU KHAMO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 20:SHRI CHEHI Page No.# 4/16 SON OF SHRI WENYITSO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 21:SHRI NGUPEZO K TARA SON OF SHRI HIWEKHWE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 22:SHRI WEKOLO KHESOH SON OF SHRI KEWECHU KHESOH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 23:SHRI NEIWEKU MEKRISUH SON OF SHRI KEHISENTI MEKRISUH 24:SHRI NEIZOLO MEKRISUH SON OF SHRI KEKHWETSU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 25:SHRI HIKHWETE SON OF SHRI ECHUCHILO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 26: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 27:THE NHIDCL REPRESENTED BYU THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4-PARLIAMENT NEW DELHI-110001 Page No.# 5/16 28:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/47/2026 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 PWD (NH) NAGALAND KOHIMA 4: THE CHIEF ENGINEER PWD (NH) NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI GEPFULO MEKRISUH AND 28 ORS SON OF SHRI YENGULO MEKRISUH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 2:SHRI DEWE K TARA SON OF SHRI WEKHWEPE K TARA Page No.# 6/16 PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 3:SHRI KHAWELO SON OF SHRI WETEHI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 4:SHRI WEKHWESHE KAPFO SON OF SHRI KOWECHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 5:SHRI CHEZOPE KANUOH SON OF LT. KEZUKHWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 6:SHRI WEKHWESTU SON OF LT. KEZUKHWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 7:SHRI KOWETSOLO MEKRISUH SON OF SHRI KEWEKHALO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 8:SHRI NEIZUTSO MEKRISUH SON OF LT. KEHITSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 9:SHRI WENIKHWE SON OF SHRI SONGULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 10:SHRI NEIKHWETSU SON OF SONGULO Page No.# 7/16 PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 11:SHRI KEWEKHA LOHE SON OF LT. KEKHWECHU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 12:SHRI NGUPETSO SON OF SHRI MESEHIKHWE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 13:SHRI BEWE KHAMO SON OF SHRI KOWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 14:SHRI NEIWUTE K TARA SON OF LT. WEKHANYI K TARA PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 15:SHRI NEIWEKHA AKAMI SON OF SHRI DICHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 16:SHRI HISEZO K TARA SON OF LATE WEKHWETE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 17:SHRI NEIHITSO AKAMI SON OF LT. KEWENGULO AKAMI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 18:SHRI DEWELO SWURO SON OF LT. ZEWEPE SWURO Page No.# 8/16 PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 19:SHRI KEKHWENE KHAMO SON OF SHRI WEKHAZU KHAMO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 20:SHRI CHEHI SON OF SHRI WENYITSO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 21:SHRI NGUPEZO K TARA SON OF SHRI HIWEKHWE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 22:SHRI WEKOLO KHESOH SON OF SHRI KEWECHU KHESOH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 23:SHRI NEIWEKU MEKRISUH SON OF SHRI KEHISENTI MEKRISUH 24:SHRI NEIZOLO MEKRISUH SON OF SHRI KEKHWETSU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 25:SHRI HIKHWETE SON OF SHRI ECHUCHILO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 26:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN 1 Page No.# 9/16 PARLIAMENT STREET NEW DELHI-110001 27:THE NHIDCL REPRESENTED BYU THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4-PARLIAMENT NEW DELHI-110001 28:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI GEPFULO MEKRISUH AND 28 ORS Linked Case : I.A.(Civil)/228/2026 THE STATE OF NAGALAND AND 4 ORS 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 GEPFULO MEKRISUH AND 28 ORS Page No.# 10/16 SON OF SHRI YENGULO MEKRISUH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 2:SHRI DEWE K TARA SON OF SHRI WEKHWEPE K TARA PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 3:SHRI KHAWELO SON OF SHRI WETEHI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 4:SHRI WEKHWESHE KAPFO SON OF SHRI KOWECHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 5:SHRI CHEZOPE KANUOH SON OF LT. KEZUKHWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 6:SHRI WEKHWESTU SON OF LT. KEZUKHWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 7:SHRI KOWETSOLO MEKRISUH SON OF SHRI KEWEKHALO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 8:SHRI NEIZUTSO MEKRISUH SON OF LT. KEHITSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 9:SHRI WENIKHWE SON OF SHRI SONGULO Page No.# 11/16 PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 10:SHRI NEIKHWETSU SON OF SONGULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 11:SHRI KEWEKHA LOHE SON OF LT. KEKHWECHU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 12:SHRI NGUPETSO SON OF SHRI MESEHIKHWE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 13:SHRI BEWE KHAMO SON OF SHRI KOWELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 14:SHRI NEIWUTE K TARA SON OF LT. WEKHANYI K TARA PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 15:SHRI NEIWEKHA AKAMI SON OF SHRI DICHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 16:SHRI HISEZO K TARA SON OF LATE WEKHWETE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 17:SHRI NEIHITSO AKAMI SON OF LT. KEWENGULO AKAMI Page No.# 12/16 PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 18:SHRI DEWELO SWURO SON OF LT. ZEWEPE SWURO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 19:SHRI KEKHWENE KHAMO SON OF SHRI WEKHAZU KHAMO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 20:SHRI CHEHI SON OF SHRI WENYITSO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 21:SHRI NGUPEZO K TARA SON OF SHRI HIWEKHWE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 22:SHRI WEKOLO KHESOH SON OF SHRI KEWECHU KHESOH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 23:SHRI NEIWEKU MEKRISUH SON OF SHRI KEHISENTI MEKRISUH 24:SHRI NEIZOLO MEKRISUH SON OF SHRI KEKHWETSU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 25:SHRI HIKHWETE SON OF SHRI ECHUCHILO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND Page No.# 13/16 26: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 27:THE NHIDCL REPRESENTED BYU THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4-PARLIAMENT NEW DELHI-110001 28:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI GEPFULO MEKRISUH AND 28 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 Page No.# 14/16 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 undertook not to raise any claims on the land, while accepting the damage compensation. Accordingly, it was Page No.# 15/16 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 sufficient cause for the delay of 96 days and accordingly, the present Interlocutory Application is allowed and the delay of Page No.# 16/16 96 days is condoned. Registry shall list the connected Writ Appeal for Admission on 28.10.2026. Sd/- JUDGE Comparing Assistant