Page No.# 1/12 GAHC020005962026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/257/2026 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 ZHOKHOSA AND 18 ORS S/O SHRI VEPAYI KEYHO, PERMANENT RESIDENT OF PHEK VILLAGE, PHEK, NAGALAND 2:SHRI PUCHOVE LOHE S/O SHRI THITSURE LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 3:SHRI METHAVEYI KEYHO S/O SHRI DUNU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 4:SHRI SAZOPA HUIRE Page No.# 2/12 S/O SHRI NIESUYI HUIRE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 5:SHRI ZHOSATO HOSHI S/O SHRI VETSONU HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 6:SHRI NESUYI HUIRE S/O SHRI ZAKAHIE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 7:SHRI VEKUPA VENUH S/O SHRI DUSANU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 8:SHRI THEPUCHIYI CHAKHESANG S/O SHRI VEKHUYI LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 9:SHRI MULUTO LOHE S/O SHRI THUPUCHIYI LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 10:SHRI SAVENEYI KEYHO S/O SHRI SUHUDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 11:SHRI K. ZASHENETI VENUH S/O SHRI KEVESA KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 12:SHRI KEVESITSO HOSHI Page No.# 3/12 S/O SHRI SUSAI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 13:SHRI KUVETO CHIZO S/O SHRI CHINEYI CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 14:SHRI SHEVOTO HOSHI S/O SHRO VEZOSA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 15:SHRI KHOVETA SOHO S/O SHRI CHIVEPA SOHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 16: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 17: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 18:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 19:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Page No.# 4/12 Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : I.A.(Civil)/258/2026 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 ZHOKHOSA AND 18 ORS S/O SHRI VEPAYI KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 2:SHRI PUCHOVE LOHE S/O SHRI THITSURE LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 3:SHRI METHAVEYI KEYHO S/O SHRI DUNU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND Page No.# 5/12 4:SHRI SAZOPA HUIRE S/O SHRI NIESUYI HUIRE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 5:SHRI ZHOSATO HOSHI S/O SHRI VETSONU HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 6:SHRI NESUYI HUIRE S/O SHRI ZAKAHIE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 7:SHRI VEKUPA VENUH S/O SHRI DUSANU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 8:SHRI THEPUCHIYI CHAKHESANG S/O SHRI VEKHUYI LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 9:SHRI MULUTO LOHE S/O SHRI THUPUCHIYI LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 10:SHRI SAVENEYI KEYHO S/O SHRI SUHUDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 11:SHRI K. ZASHENETI VENUH S/O SHRI KEVESA KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND Page No.# 6/12 12:SHRI KEVESITSO HOSHI S/O SHRI SUSAI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 13:SHRI KUVETO CHIZO S/O SHRI CHINEYI CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 14:SHRI SHEVOTO HOSHI S/O SHRI VEZOSA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 15:SHRI KHOVETA SOHO S/O SHRI CHIVEPA SOHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 16: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 17: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 18:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 19:THE VILLAGE COUNCIL PHEK VILLAGE Page No.# 7/12 REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI ZHOKHOSA AND 18 ORS Linked Case : WA/58/2026 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 ZHOKHOSA AND 18 ORS S/O SHRI VEPAYI KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 2:SHRI PUCHOVE LOHE S/O SHRI THITSURE LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 3:SHRI METHAVEYI KEYHO S/O SHRI DUNU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND Page No.# 8/12 4:SHRI SAZOPA HUIRE S/O SHRI NIESUYI HUIRE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 5:SHRI ZHOSATO HOSHI S/O SHRI VETSONU HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 6:SHRI NESUYI HUIRE S/O SHRI ZAKAHIE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 7:SHRI VEKUPA VENUH S/O SHRI DUSANU VENUH PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 8:SHRI THEPUCHIYI CHAKHESANG S/O SHRI VEKHUYI LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 9:SHRI MULUTO LOHE S/O SHRI THUPUCHIYI LOHE PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 10:SHRI SAVENEYI KEYHO S/O SHRI SUHUDU KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 11:SHRI K. ZASHENETI VENUH S/O SHRI KEVESA KEYHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND Page No.# 9/12 12:SHRI KEVESITSO HOSHI S/O SHRI SUSAI HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 13:SHRI KUVETO CHIZO S/O SHRI CHINEYI CHIZO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 14:SHRI SHEVOTO HOSHI S/O SHRO VEZOSA HOSHI PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 15:SHRI KHOVETA SOHO S/O SHRI CHIVEPA SOHO PERMANENT RESIDENT OF PHEK VILLAGE PHEK NAGALAND 16: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 17: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 18:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 19:THE VILLAGE COUNCIL PHEK VILLAGE REPRESENTED BY ITS CHAIRMAN Page No.# 10/12 PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI ZHOKHOSA AND 18 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. 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, Page No.# 11/12 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. 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 Page No.# 12/12 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 28.10.2026. Sd/- JUDGE Comparing Assistant