Page No.# 1/8 GAHC020002982025 2026:GAU-NL:31 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/95/2025 SHRI BESUHVOTO SHIJOH AND ANR SON OF MASHOO, R/O CHOZUBA VILLAGE-797104, PHEK DISTRICT, NAGALAND 2: RUSOVE SHIJOH R/O CHOZUBA VILLAGE-797104 PHEK DISTRICT NAGALAN VERSUS UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, BHAWAN 1, SANSAD MARG, NEW DELHI, NCT OF DELHI-110001 2:MANAGING DIRECTOR NHIDCL PTI BUILDING 4 PARLIAMENT STREET SANSAD MARG AREA NEW DELHI NCT OF DELHI-110001 3:EXECUTIVE DIRECTOR (P) NHIDCL REGIONAL OFFICE KOHIMA PWD COLONY KOHIMA -797005 NAGALAND 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF Page No.# 2/8 NAGALAND CIVIL SECRETARIAT KOHIMA - 797004 5:THE DEPUTY COMMISSIONER PHEK NAGALAND-797108 6:DIRECTOR M/S SHIVALAYA CONSTRUCTION PRIVATE LIMITED PLOT NO. 137 SECOND FLOOR AVTAR ENCLAVE PASCHIM VIHAR NEW DELHI-11006 Advocate for the Petitioner : NEITEO KOZA, LORENO LOTHA,ABI KENT Advocate for the Respondent : CGSC, BEFORE HON'BLE MR. JUSTICE UNNI KRISHNAN NAIR O R D E R 02.02.2026 Heard Ms. Neiteo Koza, learned counsel appearing for the petitioners. Also heard Mr. Mhasilezo Rote, learned counsel appearing on behalf of Mr. Yangerwati, learned CGC for the respondent No. 1, Mr. Moa Jamir, learned Standing Counsel, NHIDCL appearing for the respondent Nos. 2 and 3 and Mr. Imti Imsong, learned Additional Advocate General, Nagaland, appearing for respondent No. 4. 2. The petitioners by way of instituting the present writ petition has prayed for a direction upon the respondent authorities for assessment of the damage caused to their land and properties on account of the construction activities in connection with the construction of the two-lane Page No.# 3/8 Chakhabama-Zunheboto Road. 3. As projected in the writ petition the construction activities in connection with the construction of the two-lane Chakhabama-Zunheboto Road is being implemented by the National Highways and Infrastructure Development Corporation Limited (NHIDCL). Although the land and properties of the petitioners are situated beyond the Right of Way of the said project, the petitioners allege that on account of the construction activities involved, in connection with the construction of the said road, damage was caused to their land and properties. The said damage having so occasioned the petitioners had approached the District Administration of Phek district praying for an assessment of the damage so caused and to determine compensation receivable by the petitioners. The petitioners for establishing the fact that the damage had occasioned to their land and properties have also relied upon the Certificates issued by the jurisdictional Gaonbura. The respondent authorities having not taken the grievance raised by the petitioners to its logical conclusion, the petitioners have instituted the present writ petition. 4. The learned counsel for the petitioners reiterating the facts noted hereinabove, has submitted that the damage having been alleged to have been caused to the petitioners’ land and properties, the respondents were duty bound to assess the damage so occasioning after due verification of the same. It is submitted by the learned counsel for the petitioners that the respondent authorities although being apprised of the said damage occasioning to the properties of the petitioners, have not carried out the due assessment of the properties of the petitioners for determining the Page No.# 4/8 extent of such damage and also for assessing the compensation receivable by the petitioners. The learned counsel for the petitioners submits that for damage occasioning to land and properties even beyond the Right of Way, the respondent authorities have compensated the owners of such land and he further submitted that the NHIDCL authorities vide Communication dated 29.10.2024 addressed to the Deputy Commissioner, Phek, Nagaland had also brought on record the fact that for the purpose of meeting the compensation demands arising out of damage occasioning to land and property on account of the execution of the construction works of the road involved in question, the EPC Contractor is required to take out an insurance in this matter. 5. In the above premises, the learned counsel for the petitioners submits that a direction be issued upon the respondent authorities for causing joint verification of the properties of the petitioners for assessment of the damage caused to it on account of the construction of road in question. 6. Per contra, Mr. Moa Jamir, learned Standing Counsel, NHIDCL submits that in terms of the EPC contract agreement entered into by the NHIDCL authorities and the Contractor, construction activities and associated site operations are the sole responsibility of the EPC Contractor and the EPC Contractor is contractually obligated to ensure the safety of adjacent land and properties, and to prevent any damage. It is further submitted by Mr. Moa Jamir that the Deputy Commissioner, Phek District, had not intimated NHIDCL authorities about any claim raised by the petitioners, herein. Page No.# 5/8 Mr. Moa Jamir, learned Standing Counsel, NHIDCL further submits that for the purpose of determining the veracity of the claim made by the petitioners in the present proceedings, of damage being caused to their properties on account of the construction of road involved, a technical verification/assessment is required to be carried out which in the present matter has not been carried out till date. The learned counsel has disputed the claim of the petitioners about the damage occasioning to their properties on account of the construction activities in connection with the road in question. 7. In the above premise, Mr. Moa Jamir submits that without there being an assessment made upon a joint verification of the properties of the petitioners, about the damage caused to it on account of the construction activities involved with regard to the construction of the road in question, the petitioners, herein, would not be entitled to claim any compensation for the purpose. 8. I have heard the learned counsel for the parties and also perused the materials available on record. 9. The facts noted herein above are not disputed. The properties of the petitioners are situated beyond the Right of Way of the two-lane Chakhabama-Zunheboto road, construction of which is now being executed by the NHIDCL, through its Contractor. The petitioners have found to have approached the Deputy Commissioner, Phek district inter alia raising issues pertaining to damage caused to their land and properties on account of construction activities involved with regard to Page No.# 6/8 construction of the said road. The representation submitted by the petitioners is not found to have been taken up for consideration by the respondent authorities and a site verification to ascertain the extent of damage caused to their property is also found to have not been carried out in the matter by the District Administration. In view of the said position emanating in the matter and the NHIDCL authorities also having projected that the technical verification/assessment of the properties of the petitioners would be required to be carried out for the purpose of ascertaining as to whether the damages has been so caused on account of the construction activities involved with regard to the construction of the road in question, this Court is of the considered view that without entering into the merits of the case, the writ petition can be disposed of with the following directions:- i) The Deputy Commissioner, Phek district, i.e. the respondent No. 5, is directed to take on record the representation submitted by the petitioners pertaining to damage caused to their land and properties on account of construction of the two-lane Chakhabama-Zunheboto road by NHIDCL authorities, through their Contractor. ii) The Deputy Commissioner, Phek district shall constitute a Committee consisting of officials of the establishment of the Deputy Commissioner, Phek, NHIDCL authorities, the EPC Contractor, and the petitioners, herein, within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order. iii) The said Committee directed to be constituted by the Deputy Page No.# 7/8 Commissioner, Phek, shall carry out a physical verification of the properties of the petitioners as highlighted in their representation as well as in the present writ petition, and ascertain as to whether the damage alleged to have caused to the said properties was so caused on account of the construction activities involved in connection with construction of the two-lane Chakhabama-Zunheboto road. The damage so caused, if found to have been caused on account of construction activities related to the construction of the Road in question, the Committee shall determine the extent of the damage caused to the properties of the petitioners. iv) The Committee on completion of the joint verification exercise now directed to be carried out shall submit its report to the Deputy Commissioner, Phek, Nagaland, within a further period of 15 (fifteen) days. v) In the event the report of the said Committee brings on record that damage was caused to the land and property of the petitioners on account of the construction activities involved in connection with the construction of the two-lane Chakhabama-Zunheboto road, the Deputy Commissioner, Phek shall proceed to determine the compensation required to be released to the petitioners and forward the same to the NHIDCL authorities for payment. The NHIDCL authorities on receipt of demand from the Deputy Commissioner, Phek for release of money for award of compensation to the petitioners for the damage caused to their property, shall deposit the amount involved with the Office of the Deputy Commissioner, Phek. Page No.# 8/8 vi) The Deputy Commissioner, Phek shall, thereafter, release the amount involved to the petitioners. The amount now directed to be released by the NHIDCL authorities would be recovered by NHIDCL authorities from its EPC Contractor in accordance with the agreement already in place between the NHIDCL authorities and the EPC Contractor involved, i.e. the respondent No. 6. vii) The entire exercise be completed within a period of 3 (three) months after the Committee had submitted its report in the matter. 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant