Page No.# 1/20 GAHC020006082026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/235/2026 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 NAGALAN VERSUS SHRI VESUKHO AND 38 ORS S/O LATE PUKROSUH, PERMANENT RESIDENT OF PORBA VILLAGE, PHEK, NAGALAND 2:SHRI VEDUTA S/O SHRI PUCHOSA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 3:SHRI VELACUYI SAKHAMO S/O SHRI PUVEZO SAKHAMO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 4:SHRI THUPUKHOYI HESUH S/O LATE VESUYI Page No.# 2/20 PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 5:SHRI ZANUO VADEO S/O SHRI THUPUCUYI VADEO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 6:SHRI THUPUSA VADEO S/O LATE KROHUTSU VADEO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 7:SHRI MUHUVE HESUH S/O LATE HESUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 8:SHRI NUKROSU S/O SHRI YIESWUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 9:SHRI MUDOSAI VADEO S/O LATE VEDUHU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 10:SMTI. KUVECULU D/O SHRI THUYIESO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 11:SHRI SHETSONYI R. PURO S/O SHRI HURAZO R. PURO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 12:SHRI NUCUTSO RUHO S/O LATE NUHUCHO Page No.# 3/20 PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 13:SHRI NUCUTSO RUHOTSOMI CLAN S/O LATE NUHUCHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 14:SHRI VEVO K S/O SHRI KUVESOYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 15:SHRI KROSANYI THULUO S/O SHRI VECUSO THULUO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 16:SHRI VEVO HESUH S/O SHRI VEHUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 17:SHRI KUHUVEYI CHIERO S/O LATE CHIERO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 18:SHRI ZASHEYI HESUH S/O SHRI KHUVEHU HESUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 19:SHRI KHUVOTSO HIESE S/O LATE KUHUSUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 20:SHRI VECUYI CHIERO S/O SHRI RUYOSAYI Page No.# 4/20 PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 21:SHRI VENIEHU DZUDO S/O SHRI NUTSUZO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 22:SHRI VESIYI RUHO S/O SHRI PHUKHUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 23:SHRI PHUKHUSAYI RUHO S/O LATE RUYONU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 24:SHRI RUSHUVE THULUO S/O LATE KHUHU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 25:SMTI. PHUNUTSOLU D/O LATE YENUTHI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 26:SHRI MUROHU SAKHAMO S/O SHRI NIESACHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 27:SHRI VETHA HESUH S/O LATE YEKHA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 28:SHRI THUPUNEYI SWURO S/O SHRI VECUPA SWURO Page No.# 5/20 PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 29:SMTI. ZUHUVELU SWURO D/O SHRI RUSHUZO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 30:SHRI NIEVEPA CHIERO S/O SHRI SHUMOI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 31:SHRI KROSANYI THULUO S/O SHRI VECUSO THULUO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 32:SMTI. KHUSALU HESUH D/O SHRI THENUCUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 33:SHRI VEZHOCHO HESUH S/O LATE HUKRASA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 34:SHRI VEMHAYI S/O SHRI VENIESA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 35:SHRI CIEKROSUYI S/O LATE YEKHUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 36:THE UNION OF INDIA REPRESENTED BY THE SECRETARY Page No.# 6/20 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 37:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR 4-PARLIAMENT NEW DELHI-110001 38:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 39:THE VILLAGE COUNCIL PORBA VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : I.A.(Civil)/236/2026 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) Page No.# 7/20 NAGALAND KOHIMA 5: THE DEPUTY COMMISSIONER PHEK NAGALAND VERSUS SHRI VESUKHO AND 38 ORS S/O LATE PUKROSUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 2:SHRI VEDUTA S/O SHRI PUCHOSA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 3:SHRI VELACUYI SAKHAMO S/O SHRI PUVEZO SAKHAMO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 4:SHRI THUPUKHOYI HESUH S/O LATE VESUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 5:SHRI ZANUO VADEO S/O SHRI THUPUCUYI VADEO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 6:SHRI THUPUSA VADEO S/O LATE KROHUTSU VADEO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 7:SHRI MUHUVE HESUH S/O LATE HESUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND Page No.# 8/20 8:SHRI NUKROSU S/O SHRI YIESWUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 9:SHRI MUDOSAI VADEO S/O LATE VEDUHU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 10:SMTI. KUVECULU D/O SHRI THUYIESO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 11:SHRI SHETSONYI R. PURO S/O SHRI HURAZO R. PURO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 12:SHRI NUCUTSO RUHO S/O LATE NUHUCHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 13:SHRI NUCUTSO RUHOTSOMI CLAN S/O LATE NUHUCHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 14:SHRI VEVO K S/O SHRI KUVESOYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 15:SHRI KROSANYI THULUO S/O SHRI VECUSO THULUO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND Page No.# 9/20 16:SHRI VEVO HESUH S/O SHRI VEHUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 17:SHRI KUHUVEYI CHIERO S/O LATE CHIERO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 18:SHRI ZASHEYI HESUH S/O SHRI KHUVEHU HESUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 19:SHRI KHUVOTSO HIESE S/O LATE KUHUSUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 20:SHRI VECUYI CHIERO S/O SHRI RUYOSAYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 21:SHRI VENIEHU DZUDO S/O SHRI NUTSUZO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 22:SHRI VESIYI RUHO S/O SHRI PHUKHUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 23:SHRI PHUKHUSAYI RUHO S/O LATE RUYONU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND Page No.# 10/20 24:SHRI RUSHUVE THULUO S/O LATE KHUHU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 25:SMTI. PHUNUTSOLU D/O LATE YENUTHI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 26:SHRI MUROHU SAKHAMO S/O SHRI NIESACHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 27:SHRI VETHA HESUH S/O LATE YEKHA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 28:SHRI THUPUNEYI SWURO S/O SHRI VECUPA SWURO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 29:SMTI. ZUHUVELU SWURO D/O SHRI RUSHUZO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 30:SHRI NIEVEPA CHIERO S/O SHRI SHUMOI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 31:SHRI KROSANYI THULUO S/O SHRI VECUSO THULUO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND Page No.# 11/20 32:SMTI. KHUSALU HESUH D/O SHRI THENUCUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 33:SHRI VEZHOCHO HESUH S/O LATE HUKRASA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 34:SHRI VEMHAYI S/O SHRI VENIESA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 35:SHRI CIEKROSUYI S/O LATE YEKHUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 36:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 37:THE NHIDCL REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR 4-PARLIAMENT NEW DELHI-110001 38:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 39:THE VILLAGE COUNCIL PORBA VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK Page No.# 12/20 NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI VESUKHO AND 38 ORS Linked Case : WA/55/2026 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 VESUKHO AND 38 ORS S/O LATE PUKROSUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 2:SHRI VEDUTA S/O SHRI PUCHOSA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 3:SHRI VELACUYI SAKHAMO S/O SHRI PUVEZO SAKHAMO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 4:SHRI THUPUKHOYI HESUH Page No.# 13/20 S/O LATE VESUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 5:SHRI ZENUO VADEO S/O SHRI THUPUCUYI VADEO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 6:SHRI THUPUSA VADEO S/O LATE KROHUTSU VADEO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 7:SHRI MUHUVE HESUH S/O LATE HESUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 8:SHRI NUKROSU S/O SHRI YIESWUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 9:SHRI MUDOSAI VADEO S/O LATE VEDUHU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 10:SMTI. KUVECULU D/O SHRI THUYIESO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 11:SHRI SHETSONYI R. PURO S/O SHRI HURAZO R. PURO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 12:SHRI NUCUTSO RUHO Page No.# 14/20 S/O LATE NUHUCHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 13:SHRI NUCUTSO RUHOTSOMI CLAN S/O LATE NUHUCHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 14:SHRI VEVO K S/O SHRI KUVESOYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 15:SHRI KROSANYI THULUO S/O SHRI VECUSO THULUO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 16:SHRI VEVO HESUH S/O SHRI VEHUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 17:SHRI KUHUVEYI CHIERO S/O LATE CHIERO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 18:SHRI ZASHEYI HESUH S/O SHRI KHUVEHU HESUH PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 19:SHRI KHUVOTSO HIESE S/O LATE KUHUSUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 20:SHRI VECUYI CHIERO Page No.# 15/20 S/O SHRI RUYOSAYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 21:SHRI VENIEHU DZUDO S/O SHRI NUTSUZO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 22:SHRI VESIYI RUHO S/O SHRI PHUKHUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 23:SHRI PHUKHUSAYI RUHO S/O LATE RUYONU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 24:SHRI RUSHUVE THULUO S/O LATE KHUHU PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 25:SMTI. PHUNUTSOLU D/O LATE YENUTHI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 26:SHRI MUROHU SAKHAMO S/O SHRI NIESACHO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 27:SHRI VETHA HESUH S/O LATE YEKHA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 28:SHRI THUPUNEYI SWURO Page No.# 16/20 S/O SHRI VECUPA SWURO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 29:SMTI. ZUHUVELU SWURO D/O SHRI RUSHUZO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 30:SHRI NIEVEPA CHIERO S/O SHRI SHUMOI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 31:SHRI KROSANYI THULUO S/O SHRI VECUSO THULUO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 32:SMTI. KHUSALU HESUH D/O SHRI THENUCUYI PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 33:SHRI VEZHOCHO HESUH S/O LATE HUKRASA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 34:SHRI VEMHAYI S/O SHRI VENIESA PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 35:SHRI CIEKROSUYI S/O LATE YEKHUTSO PERMANENT RESIDENT OF PORBA VILLAGE PHEK NAGALAND 36:THE UNION OF INDIA Page No.# 17/20 REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GVT. OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 37: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 38:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 39:THE VILLAGE COUNCIL PORBA VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI VESUKHO AND 38 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.# 18/20 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.# 19/20 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.# 20/20 96 days is condoned. Registry shall list the connected Writ Appeal for Admission on 28.10.2026. Sd/- JUDGE Comparing Assistant