Page No.# 1/19 GAHC020005992026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/233/2026 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 MEWETE AND 34 ORS S/O SHRI NEISEZO, PERMANENT RESIDENT OF LOSAMI VILLAGE, PHEK, NAGALAND 2:SHRI NEITELO S/O SHRI HIKEMVU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 3:SHRI NEIPEZO AKAMI S/O SHRI HIWESHELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE Page No.# 2/19 PHEK NAGALAND. 4:SHRI KEKWEWE KEPFOH S/O LATE EMIKHA KEPFOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 5:SHRI PUWELO MEKRISUH S/O LATE WEDELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 6:SHRI NEIZOPE K. TARA S/O LATE WEZONYI K. TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 7:SHRI MESEPE TARA S/O SHRI WEYEPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 8:SHRI KEKHWENE KHAMO S/O LATE WEKHAZU KHAMO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 9:SHRI NEIKHOTSO WEZAH S/O SHRI KEKHWEPFU WEZAH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 10:SHRI HIWETE WEZAH S/O LATE MEZOTSU WEZAH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 11:SHRI WEWUTSO AKAMI S/O SHRI HIKHWENYU PERMANENT RESIDENT OF LOSAMI VILLAGE Page No.# 3/19 PHEK NAGALAND 12:SHRI HIWEZO KEPFO S/O LATE MESETSOZU KEPFO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 13:SHRI NEIWUPE AKAMI S/O SHRI HIKHWETE AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 14:SHRI WEZOTE AKAMI S/O SHRI PFUTSOHO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 15:SHRI KEKHWEHI AKAMI S/O LATE KOWEPULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 16:SHRI HITSOTE AKAMI S/O SHRI REKHWELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 17:SHRI CHEPEWE MEKRISUH S/O LATE HIWELHO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 18:SHRI WENITSO MEKRISUH S/O SHRI MUSENI MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 19:SHRI NEIKHWEHI AKAMI S/O SHRI ZEKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE Page No.# 4/19 PHEK NAGALAND 20:SHRI KEKHWERU K. TARA S/O SHRI HIWEZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 21:SHRI NEIKHWEWE MEKRISUH S/O SHRI REPFULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 22:SHRI KEZUWELO AKAMI S/O SHRI WETEHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 23:SHRI NEISHE TARA S/O LATE WENYIKHA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 24:SHRI NEISELO NUSOH S/O SHRI EYENGULO NUSOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 25:SHRI NEIPETSO KAPFO S/O LATE WEKHAZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 26:LOSAMI VILLAGE COMMUNITY REPRESENTED BY SHRI WEZOKHO KATHE AGED ABOUT 55 YEARS S/O LATE KETEMVU ARE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 27:SHRI WABELO MEKRISU Page No.# 5/19 S/O SHRI NEIKHWEWE MEKRISU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 28:SHRI NEIPEHI S/O SHRI KOWECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 29:SHRI WEZOKHO KATHE S/O SHRI KETEMUV PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 30:SHRI KHROKU AKAMI S/O SHRI KEDUPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 31:SHRI KOWUTSOLO S/O SHRI WEYELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 32:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAVAN - 1 PARLIAMENT STREET NEW DELHI - 110001 33: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 34:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND Page No.# 6/19 KOHIMA 35: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/49/2026 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 NAGALAND VERSUS SHRI MEWETE AND 34 ORS S/O SHRI NEISEZO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND Page No.# 7/19 2:SHRI NEITELO S/O SHRI HIKEMVU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 3:SHRI NEIPEZO AKAMI S/O SHRI HIWESHELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 4:SHRI KEKWEWE KEPFOH S/O LATE EMIKHA KEPFOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 5:SHRI PUWELO MEKRISUH S/O LATE WEDELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 6:SHRI NEIZOPE K. TARA S/O LATE WEZONYI K. TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 7:SHRI MESEPE TARA S/O SHRI WEYEPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 8:SHRI KEKHWENE KHAMO S/O LATE WEKHAZU KHAMO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 9:SHRI NEIKHOTSO WEZAH S/O SHRI KEKHWEPFU WEZAH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND Page No.# 8/19 10:SHRI HIWETE WEZAH S/O LATE MEZOTSU WEZAH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 11:SHRI WEWUTSO AKAMI S/O SHRI HIKHWENYU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 12:SHRI HIWEZO KEPFO S/O LATE MESETSOZU KEPFO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 13:SHRI NEIWUPE AKAMI S/O SHRI HIKHWETE AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 14:SHRI WEZOTE AKAMI S/O SHRI PFUTSOHO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 15:SHRI KEKHWEHI AKAMI S/O LATE KOWEPULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 16:SHRI HITSOTE AKAMI S/O SHRI REKHWELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 17:SHRI CHEPEWE MEKRISUH S/O LATE HIWELHO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND Page No.# 9/19 18:SHRI WENITSO MEKRISUH S/O SHRI MUSENI MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 19:SHRI NEIKHWEHI AKAMI S/O SHRI ZEKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 20:SHRI KEKHWERU K. TARA S/O SHRI HIWEZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 21:SHRI NEIKHWEWE MEKRISUH S/O SHRI REPFULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 22:SHRI KEZUWELO AKAMI S/O SHRI WETEHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 23:SHRI NEISHE TARA S/O LATE WENYIKHA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 24:SHRI NEISELO NUSOH S/O SHRI EYENGULO NUSOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 25:SHRI NEIPETSO KAPFO S/O LATE WEKHAZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND Page No.# 10/19 26:LOSAMI VILLAGE COMMUNITY REPRESENTED BY SHRI WEZOKHO KATHE AGED ABOUT 55 YEARS S/O LATE KETEMVU ARE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 27:SHRI WABELO MEKRISU S/O SHRI NEIKHWEWE MEKRISU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 28:SHRI NEIPEHI S/O SHRI KOWECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 29:SHRI WEZOKHO KATHE S/O SHRI KETEMUV PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 30:SHRI KHROKU AKAMI S/O SHRI KEDUPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 31:SHRI KOWUTSOLO S/O SHRI WEYELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 32:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA TRANSPORT BHAVAN - 1 PARLIAMENT STREET NEW DELHI - 110001 33:THE NHIDCL Page No.# 11/19 REPRESENTED BY THE MANAGING DIRECTOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 3RD FLOOR PTI BUILDING 4 PARLIAMENT NEW DELHI - 110001 34:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 35:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENT BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI MEWETE AND 34 ORS Linked Case : I.A.(Civil)/234/2026 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 NAGALAND Page No.# 12/19 VERSUS SHRI MEWETE AND 34 ORS S/O SHRI NEISEZO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 2:SHRI NEITELO S/O SHRI HIKEMVU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 3:SHRI NEIPEZO AKAMI S/O SHRI HIWESHELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 4:SHRI KEKWEWE KEPFOH S/O LATE EMIKHA KEPFOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND. 5:SHRI PUWELO MEKRISUH S/O LATE WEDELO MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 6:SHRI NEIZOPE K. TARA S/O LATE WEZONYI K. TARA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 7:SHRI MESEPE TARA S/O SHRI WEYEPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 8:SHRI KEKHWENE KHAMO S/O LATE WEKHAZU KHAMO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK Page No.# 13/19 NAGALAND 9:SHRI NEIKHOTSO WEZAH S/O SHRI KEKHWEPFU WEZAH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 10:SHRI HIWETE WEZAH S/O LATE MEZOTSU WEZAH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 11:SHRI WEWUTSO AKAMI S/O SHRI HIKHWENYU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 12:SHRI HIWEZO KEPFO S/O LATE MESETSOZU KEPFO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 13:SHRI NEIWUPE AKAMI S/O SHRI HIKHWETE AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 14:SHRI WEZOTE AKAMI S/O SHRI PFUTSOHO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 15:SHRI KEKHWEHI AKAMI S/O LATE KOWEPULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 16:SHRI HITSOTE AKAMI S/O SHRI REKHWELO AKAMI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK Page No.# 14/19 NAGALAND 17:SHRI CHEPEWE MEKRISUH S/O LATE HIWELHO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 18:SHRI WENITSO MEKRISUH S/O SHRI MUSENI MEKRISUH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 19:SHRI NEIKHWEHI AKAMI S/O SHRI ZEKHWENYI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 20:SHRI KEKHWERU K. TARA S/O SHRI HIWEZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 21:SHRI NEIKHWEWE MEKRISUH S/O SHRI REPFULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 22:SHRI KEZUWELO AKAMI S/O SHRI WETEHI PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 23:SHRI NEISHE TARA S/O LATE WENYIKHA PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 24:SHRI NEISELO NUSOH S/O SHRI EYENGULO NUSOH PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK Page No.# 15/19 NAGALAND 25:SHRI NEIPETSO KAPFO S/O LATE WEKHAZU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 26:LOSAMI VILLAGE COMMUNITY REPRESENTED BY SHRI WEZOKHO KATHE AGED ABOUT 55 YEARS S/O LATE KETEMVU ARE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 27:SHRI WABELO MEKRISU S/O SHRI NEIKHWEWE MEKRISU PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 28:SHRI NEIPEHI S/O SHRI KOWECHULO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 29:SHRI WEZOKHO KATHE S/O SHRI KETEMUV PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 30:SHRI KHROKU AKAMI S/O SHRI KEDUPE PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 31:SHRI KOWUTSOLO S/O SHRI WEYELO PERMANENT RESIDENT OF LOSAMI VILLAGE PHEK NAGALAND 32:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND Page No.# 16/19 HIGHWAYS GOVT. OF INDIA TRANSPORT BHAVAN - 1 PARLIAMENT STREET NEW DELHI - 110001 33: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 34:THE EXECUTIVE DIRECTOR NHIDCL(P) NAGALAND KOHIMA 35:THE VILLAGE COUNCIL LOSAMI VILLAGE REPRESENT BY ITS CHAIRMAN PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SHRI MEWETE AND 34 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 Page No.# 17/19 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 decided to file the appeal against the common Judgment and Page No.# 18/19 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 96 days is condoned. Page No.# 19/19 Registry shall list the connected Writ Appeal for Admission on 28.10.2026. Sd/- JUDGE Comparing Assistant