Page No.# 1/11 GAHC020006292026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/249/2026 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 NEITELO AND 15 ORS SON OF SHRI HIKEMVU, PERMANENT R/O LOSAMI VILLAGE, PHEK NAGALAND 2:SHRI NEIKHWEZO S/O OF SHRI MESETSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 3:SHRI NEIZOSHE SON OF SHRI KEWECHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 4:SHRI NEIKEWE MEBOU SON OF LT. WECHIZU MEBOU Page No.# 2/11 PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 5:SHRI NEITSOWE KEPFOH SON OF LT. WEZOTSO KEPFOH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 6:SHRI MESEPELO AKAMI SON OF LT. WEKHALO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 7:SHRI NEITSOTE SON OF SHRI KHUPERE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 8:SHRI HILO SON OF SHRI NEIWETSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 9:SHRI CHEWUTE AKAMI SON LT. DISELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 10:SHRI WEKHORSOLO AKAMI SON OF SHRI WEYELO AKAMI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 11:SHRI REKHWE SON OF SHRI KEKHWEPFULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 12:SHRI KEDUWE THEKE SON OF SHRI NGUTSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 13:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GVT. OF INDIA TRANSPORT BHAWAN 1 Page No.# 3/11 PARLIAMENT STREET NEW DELHI-110001 14: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 15:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 16: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/53/2026 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 Page No.# 4/11 PHEK NAGALAND VERSUS SHRI NEITELO AND 15 ORS SON OF SHRI HIKEMVU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 2:SHRI NEIKHWEZO SO OF SHRI MESETSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 3:SHRI NEIZOSHE SON OF SHRI KEWECHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 4:SHRI NEIKEWE MEBOU SON OF LT. WECHIZU MEBOU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 5:SHRI NEITSOWE KEPFOH SON OF LT. WEZOTSO KEPFOH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 6:SHRI MESEPELO AKAMI SON OF LT. WEKHALO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 7:SHRI NEITSOTE SON OF SHRI KHUPERE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 8:SHRI HILO SON OF SHRI NEIWETSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 9:SHRI CHEWUTE AKAMI SON LT. DISELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND Page No.# 5/11 10:SHRI WEKHORSOLO AKAMI SON OF SHRI WEYELO AKAMI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 11:SHRI REKHWE SON OF SHRI KEKHWEPFULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 12:SHRI KEDUWE THEKE SON OF SHRI NGUTSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 13: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 14: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 15:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 16:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NEITELO AND 15 ORS Linked Case : I.A.(Civil)/250/2026 Page No.# 6/11 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 NEITELO AND 15 ORS SON OF SHRI HIKEMVU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 2:SHRI NEIKHWEZO SO OF SHRI MESETSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 3:SHRI NEIZOSHE SON OF SHRI KEWECHULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 4:SHRI NEIKEWE MEBOU SON OF LT. WECHIZU MEBOU PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 5:SHRI NEITSOWE KEPFOH SON OF LT. WEZOTSO KEPFOH PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 6:SHRI MESEPELO AKAMI SON OF LT. WEKHALO PERMANENT R/O LOSAMI VILLAGE Page No.# 7/11 PHEK NAGALAND 7:SHRI NEITSOTE SON OF SHRI KHUPERE PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 8:SHRI HILO SON OF SHRI NEIWETSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 9:SHRI CHEWUTE AKAMI SON LT. DISELO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 10:SHRI WEKHORSOLO AKAMI SON OF SHRI WEYELO AKAMI PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 11:SHRI REKHWE SON OF SHRI KEKHWEPFULO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 12:SHRI KEDUWE THEKE SON OF SHRI NGUTSOLO PERMANENT R/O LOSAMI VILLAGE PHEK NAGALAND 13: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 14: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 Page No.# 8/11 15:THE EXECUTIVE DIRECTOR NHIDCL (P) NAGALAND KOHIMA 16:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENTED BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI NEITELO AND 15 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 Page No.# 9/11 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 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 Page No.# 10/11 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 96 days is condoned. Registry shall list the connected Writ Appeal for Admission on 28.10.2026. Sd/- JUDGE Page No.# 11/11 Comparing Assistant