Page No.# 1/17 GAHC020006382026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/241/2026 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 DISTRICT NAGALAN VERSUS SHRI WEMHELO AND 28 ORS S/O SHRI WEZOHI, PERMANENT RESIDENT OF LOSAMI VILLAGE, PHEK, NAGALAND 2:SHRI WENISHE K. TARA S/O SHRI HIPEKHA K. TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 3:SHRI HIWEKU MEBOU S/O SHRI WENEITSO MEBOU PERMANENT RESIDENT OF LOSAMI VILLAGE Page No.# 2/17 PHEK NAGALAND 4:SHRI SOCHU SWURO S/O SHRI KEDUTSOLO SWURO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 5:SHRI NGUKEYE S/O SHRI NGUTSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 6:SHRI WENITSO MEKRISUH S/O SHRI MUSENI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 7:SHRI KEDUCHO AKAMI S/O SHRI HIWESHELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 8:SHRI WEKU U MEKRISUH S/O SHRI KHWEWETSO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 9:SHRI DIPE S/O SHRI CHIKHALO KHAMO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 10:SHRI KHOKU AKAM S/O SHRI KEDUPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 11:SHRI ZEKHWEPE S/O SHRI HIKHWENI AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE Page No.# 3/17 PHEK NAGALAND 12:SHRI WEKUPE AKAMI S/O SHRI NGUPEHI AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 13:SMTI. KEKHROLE W/O SHRI REKHWELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 14:SHRI NEIKHATSO MEKRISUH S/O LATE WEDELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 15:SHRI KHROSEZO MEKRISUH S/O LATE KHWEWETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 16:SHRI WESEHILO AKAMI S/O SHRI MESECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 17:SHRI ZEKHWENI AKAMI S/O SHRI WEKHALO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 18:SHRI NEIKHOLO S/O SHRI HIWEKHA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 19:SHRI KEWECHETE KEPFOH S/O LATE HITEINE PERMANENT RESIDENT OF LOSAMI VILLAGE Page No.# 4/17 PHEK NAGALAND 20:SHRI KHAPELO AKAMI S/O LATE WECHITSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 21:SHGRI NEIKHWEZO U S/O LATE KEWETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 22:SHRI KHWEHIPE MEKRISUH S/O SHRI HIWEPELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 23:SHRI PUWEHI MEBOU S/O SHRI WENYITSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 24:SHRI PUWEZO KAPFO S/O SHRI KHANYI KAPFO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 25:SHRI PFUTSUHI NUSOH S/O SHRI WEMHELO NUSOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 26:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD AND TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN - 1 PARLIAMENT STREET NEW DELHI - 110001 27:THE NHIDCL Page No.# 5/17 REPRESENTED BY 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 REPRESENT BY ITS CHAIRMAN PHEK NAGALAN Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : WA/50/2026 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 Page No.# 6/17 5: THE DEPUTY COMMISSIONER PHEK DISTRICT NAGALAND VERSUS SHRI WEMHELO AND 28 ORS S/O SHRI WEZOHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 2:SHRI WENISHE K. TARA S/O SHRI HIPEKHA K. TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 3:SHRI HIWEKU MEBOU S/O SHRI WENEITSO MEBOU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 4:SHRI SOCHU SWURO S/O SHRI KEDUTSOLO SWURO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 5:SHRI NGUKEYE S/O SHRI NGUTSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 6:SHRI WENITSO MEKRISUH S/O SHRI MUSENI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 7:SHRI KEDUCHO AKAMI S/O SHRI HIWESHELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 8:SHRI WEKU U MEKRISUH Page No.# 7/17 S/O SHRI KHWEWETSO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 9:SHRI DIPE S/O SHRI CHIKHALO KHAMO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 10:SHRI KHOKU AKAM S/O SHRI KEDUPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 11:SHRI ZEKHWEPE S/O SHRI HIKHWENI AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 12:SHRI WEKUPE AKAMI S/O SHRI NGUPEHI AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 13:SMTI. KEKHROLE W/O SHRI REKHWELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 14:SHRI NEIKHATSO MEKRISUH S/O LATE WEDELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 15:SHRI KHROSEZO MEKRISUH S/O LATE KHWEWETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 16:SHRI WESEHILO AKAMI Page No.# 8/17 S/O SHRI MESECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 17:SHRI ZEKHWENI AKAMI S/O SHRI WEKHALO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 18:SHRI NEIKHOLO S/O SHRI HIWEKHA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 19:SHRI KEWECHETE KEPFOH S/O LATE HITEINE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 20:SHRI KHAPELO AKAMI S/O LATE WECHITSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 21:SHGRI NEIKHWEZO U S/O LATE KEWETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 22:SHRI KHWEHIPE MEKRISUH S/O SHRI HIWEPELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 23:SHRI PUWEHI MEBOU S/O SHRI WENYITSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 24:SHRI PUWEZO KAPFO Page No.# 9/17 S/O SHRI KHANYI KAPFO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 25:SHRI PFUSUHI NUSOH S/O SHRI WEMHELO NUSOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 26:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD AND TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN - 1 PARLIAMENT STREET NEW DELHI - 110001 27: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 28:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENT BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI WEMHELO AND 28 ORS Linked Case : I.A.(Civil)/242/2026 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND Page No.# 10/17 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 DISTRICT NAGALAND VERSUS SHRI WEMHELO AND 28 ORS S/O SHRI WEZOHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 2:SHRI WENISHE K. TARA S/O SHRI HIPEKHA K. TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 3:SHRI HIWEKU MEBOU S/O SHRI WENEITSO MEBOU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 4:SHRI SOCHU SWURO S/O SHRI KEDUTSOLO SWURO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 5:SHRI NGUKEYE S/O SHRI NGUTSO Page No.# 11/17 PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 6:SHRI WENITSO MEKRISUH S/O SHRI MUSENI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 7:SHRI KEDUCHO AKAMI S/O SHRI HIWESHELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 8:SHRI WEKU U MEKRISUH S/O SHRI KHWEWETSO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 9:SHRI DIPE S/O SHRI CHIKHALO KHAMO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 10:SHRI KHOKU AKAM S/O SHRI KEDUPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 11:SHRI ZEKHWEPE S/O SHRI HIKHWENI AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 12:SHRI WEKUPE AKAMI S/O SHRI NGUPEHI AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 13:SMTI. KEKHROLE W/O SHRI REKHWELO Page No.# 12/17 PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 14:SHRI NEIKHATSO MEKRISUH S/O LATE WEDELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 15:SHRI KHROSEZO MEKRISUH S/O LATE KHWEWETSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 16:SHRI WESEHILO AKAMI S/O SHRI MESECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 17:SHRI ZEKHWENI AKAMI S/O SHRI WEKHALO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 18:SHRI NEIKHOLO S/O SHRI HIWEKHA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 19:SHRI KEWECHETE KEPFOH S/O LATE HITEINE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 20:SHRI KHAPELO AKAMI S/O LATE WECHITSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 21:SHGRI NEIKHWEZO U S/O LATE KEWETSO Page No.# 13/17 PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 22:SHRI KHWEHIPE MEKRISUH S/O SHRI HIWEPELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 23:SHRI PUWEHI MEBOU S/O SHRI WENYITSO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 24:SHRI PUWEZO KAPFO S/O SHRI KHANYI KAPFO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 25:SHRI PFUSUHI NUSOH S/O SHRI WEMHELO NUSOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 26:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD AND TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAWAN - 1 PARLIAMENT STREET NEW DELHI - 110001 27: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 28:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND Page No.# 14/17 KOHIMA 29:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENT BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI WEMHELO 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 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 Page No.# 15/17 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 the Addl. Advocate General, Nagaland, on 07.07.2026 and thereafter, after taking some time for preparation and Page No.# 16/17 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.# 17/17 Comparing Assistant