IN-RE v. THE SECRETARY, MINISTRY OF ROAD,TRANSPORT AND HIGHWAYS AND 13 ORS
PIL(Suo Moto)/1/2022 · 2026-03-24
Devashis Baruah, Yarenjungla Longkumer
Public Interest Litigationbody2026
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[ 2026 DAILYLAW 2917 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 2917 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC020000902022 2026:GAU-NL:159
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : PIL(Suo Moto)/1/2022 IN-RE KOHIMA, NAGALAND VERSUS THE SECRETARY, MINISTRY OF ROAD,TRANSPORT AND HIGHWAYS AND 13 ORS DELHI 2:THE MANAGING DIRECTOR NHIDCL 3:THE CHIEF SECRETARY OF NAGALAND NAGALAND KOHIMA 4:THE COMMISSIONER NAGALAND KOHIMA 5:THE COMMISSIONER AND SECRETARY WORKS AND HOUSING DEPARTMENT NAGALAND 6:THE DEPUTY COMMISSIONER KOHIMA
Page No.# 2/5 NAGALAND 7:THE SDO(CIVIL) JAKHAMA KOHIMA NAGALAND 8:THE GENERAL MANAGER NHIDCL PMU JAKHAMA 10:THE AUTHORITY ENGINEER M/S CEMOSA M/S PIONEER INFRA CONSULTANT PVT. LTD.
ASSOCIATION M/S DESIGN LINE CONSULTANCY SERVICES
502 5TH FLOOR DDA-5 DISTRICT CENTER JANAKPURI NEW DELHI-110058 11:THE SUPERINDTENDENT OF POLICE KOHIMA 12:NAGALAND PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAY) KOHIMA NAGALAND.
13:M/S VECHUPA ROSE AND COMPANY NEW MINISTERS HILL
ABOVE VINEYARD KOHIMA 14:M/S Z. RULHO LOWER BAYAVU HILL KOHIMA NAGALAND Advocate for the Petitioner : A. ZHIMOMI (AMICUS CURIAE), A. ZHIMOMI (AMICUS CURIAE) Advocate for the Respondent : MOA JAMIR (R/1, 2 and 8),
Page No.# 3/5
Counsel for the petitioner(s) : Mr. A. Zhimomi (Amicus Curiae) Counsel for the State respondent(s) : Mr. N. Mozhui, for respondent Nos. 13 & 14
Mr. Sentiyanger, for respondent No. 10
Mr. Imti Imsong, for respondent Nos. 3 to 7
BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
25/03/2026 (D. Baruah, J) Heard Mr. A. Zhimomi, the learned Amicus Curiae. Mr. R.P. Singh, the Executive Director of NHIDCL. Mr. N. Mozhui, the learned counsel appearing on behalf of the respondent Nos. 13 and 14, Mr. Sentiyanger,
learned counsel appearing on behalf of respondent No. 10 and Mr. Imti Imsong, the learned Additional Advocate General appearing on behalf of the respondent Nos. 3 to 7. 2. Pursuant to the order passed by this Court on 18.03.2026, an affidavit has been filed by the Respondent Nos. 2 and 8 through the Executive Director, NHIDCL, Nagaland wherein it is mentioned that with regard to the maintenance/ repairing of the section of 100 Metre stretch road near Phesama/ Kisama at Chainage 191 + 950 to Chainage 192 + 080 work has been completed and vehicular movement is presently smooth and motorable. It is also mentioned that for restoration of 7 sinking zones
Page No.# 4/5 which have been brought on records before this Court, appropriate steps are currently being undertaken. Amongst the 7 sinking zones. 3 (three) have been identified as priority sections for which 5 work orders have been issued for emergent repair works and presently, the work is in progress. It is also mentioned that the said work is not affecting the traffic movement. An undertaking has been also given at paragraph 5 of the said affidavit that during the monsoon season the land slide clearance would be carried immediately as and when required to avoid the disruption of traffic for road commuters and the road would be kept in traffic worthy condition. 3. Further to that it is also mentioned that for the existing Kohima, Mao road, the DPR is under preparation which relates to slope protection of Hill/ Valleys site of the road along with strengthening of the pavement of the existing road. The DPR consultant would be submitting the final DPR by 30.06.2026. 4. In the backdrop of the above, we find it very pertinent to observe that by an order dated 02.03.2022 we had initiated the instant Public Interest Litigation (Suo Moto) taking into account the deplorable road condition from Moa gate to Kohima. 5. During the passage of time, there has been various works carried out and presently it has been submitted that the road stretch from Moa gate to Kohima is in road worthy condition. 6. We have also taken note of the affidavit filed, the detail of which have
Page No.# 5/5 already been referred to herein above.
Taking into consideration, that the road from Mao gate to Kohima is in road worthy condition we do not feel that there is any requirement for regular monitoring by way of the present Public Interest Litigation. 7. Accordingly, we close the Public Interest Litigation. 8. It is observed that the closure of the instant Public Interest Litigation shall not affect or preclude any citizens to again approach this Court in the circumstance and if necessity arises in respect to the road stretch from Mao gate to Kohima. JUDGE JUDGE Comparing Assistant