The Union of India and 2 Ors v. The State of Nagaland and 4 Ors

ORDER

22.08.2024 Heard Mr. Sentiyanger, learned counsel for the applicants/NHIDCL who submits that by filing this application the applicant seeks permission to implead M/S Gayatri Projects Ltd. who in fact was the first contractor to execute the road construction at the relevant time along the stretch of road in Tsuru Colony, Secu Zubza, under Kohima district. The learned counsel submits that impleadment of the contractor is necessary for ascertaining the actual position while the work was being executed at the relevant time. Mr. Kekhriengulie, learned counsel for the petitioner on the Page No.# 4/4 other hand submits that since the NHIDCL is the Principal and responsible for what has been done by the agent there is no requirement for impleadment of M/S Gayatri Projects Ltd. particularly when the contract agreement has already been terminated since long time back. The learned counsel further submits that in fact as many as 3 (three) verifications has been done with the participation of all the stake holders in the aegis of Deputy Commissioner, Kohima, and therefore, the matter may be taken up for final Hearing without impleading M/S Gayatri Projects Ltd. Mr. Imti Imsong, learned Additional A.G., Nagaland, submits that he was given 2 (two) weeks' time to file the Verification Report dated 20.02.2024, in the main case but due to personal difficulties he could not file the same and he prays for further one week's time to file the same. He also submits that a verification was also conducted on 12.07.2023, and therefore, it appears that there are all together 4 (four) verifications conducted including the last one conducted on 20.02.2024. On considering the submissions made by the learned counsel for the parties and on perusal of the materials available on record, this Court is of the view that impleadment of M/S Gayatri Projects Ltd. may not be necessary in view of the fact that the NHIDCL as the Principal for the road construction work had all along participated in all the verifications conducted so far. Accordingly, the impleadment application stands rejected.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC020004562024 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kI.A.(Civil)/119/2024 THE2UNION2OF2INDIA2AND222ORS REPRESENTYED2BY2THE2SECRETARY2 MINISTRY2OF2ROAD,2TRANSPORT2AND2HIGHWAYS2 NEW2DELHI-1100012:2THE2MANAGING2DIRECTOR 2NATIONAL2HIGHWAYS2AND2INFRASTRUCTURE2DEVELOPMENT2 CORPORATION2LIMITED2(NHIDCL)2 3RD2FLOOR 2PTI2BUILDING2 4-PARLIAMENT2STREET 2NEW2DELHI 3:2THE2GENERAL2MANAGER 2NATIONAL2HIGHWAYS2AND2INFRASTRUCTURE2DEVELOPMENT2 CORPORATION2LIMITED2(NHIDCL)2 PROJECT2MONITORING2UNIT-2DIMAPUR2 1ST2FLOOR2H/NO.-632(A)2 NST2COLONY 2BEHIND2CITY2TOWER 2DIMAPUR2NAGALAN VERSUS THE2STATE2OF2NAGALAND2AND242ORS REPRESENTED2BY2THE2CHIEFSECRETARY2 GOVT.2OF2NAGALAND2 NAGALAND2KOHIMA 2:THE2DEPUTY2COMMISSIONER 2KOHIMA2NAGALAND 3:THE2SUB-DIVISIONAL2OFFICER2(CIVIL) 2SECU2ZUBZA 2KOHIMA2NAGALAND 4:SHRI2THEJAO2SEKHOSE 2S/O2LATE2KEDUOKIETUO2SEKHOSE2PERMAMEMNT2ADDRESS-2KENUOZOU2 Page No.# 2/4 COLONY NORTH BLOCK WARD-3 T.KHEL KOHIMA VILLAGE PRESENT ADDRESS- TSURU COLONY SECU ZUBZA KOHIMA NAGALAND 5:M/S GAYATRI PROJECTS LIMITED B1 6-301090 TSR SOMAJIGUDA HYDERABAD-50008 Advocate for the Petitioner : SENTIYANGER Advocate for the Respondent : GOVT ADV NL Linked Case : WP(C)/94/2022 SHRI. THEJAO SEKHOSE S/O LATE KEDUOKIETUO SEKHOSE PERMAMEMNT ADDRESS- KENUOZOU COLONY NORTH BLOCK WARD-3 T.KHEL KOHIMA VILLAGE PRESENT ADDRESS- TSURU COLONY SECU ZUBZA KOHIMA NAGALAND VERSUS UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI- 110001 2:THE MANAGING DIRECTOR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED(NHIDCL) 3RD FLOOR PTI BUILDING Page No.# 3/4 4-PARLIAMENT STREET NEW DELHI 3:THE GENERAL MANAGER NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) PROJECT MONITORING UNIT- DIMAPUR 1ST FLOOR H/NO-63 (A) NST COLONY BEHIND CITY TOWER DIMAPUR NAGALAND 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA NAGALAND 5:THE DEPUTY COMMISSIONER KOHIMA NAGALAND 6:THE SUB-DIVISIONAL OFFICER (CIVIL) SECU ZUBZA KOHIMA NAGALAND ------------ Advocate for : KEKHRIENGULIE Advocate for : CGSC appearing for UNION OF INDIA AND 5 ORS BEFORE HON'BLE MR. JUSTICE NELSON SAILO