Smti v. Khevili Sumi Vs the State of Nagaland and 8 Ors

ORDER Date : 30.04.2024

Heard Mr. Pakinrichapbo, learned counsel appearing for the petitioner. Also heard Mr. Achungli, learned Government Advocate appearing for the State respondent Nos.1,5,6,7,8,and 9 and Mr. Moa Jamir, learned counsel for the respondent Nos. 2,3 and 4.

¶2By filing this writ petition under Article 226 of the Constitution of India, the petitioner seeks direction to the re-spondent authorities to pay compensation for the damage caused to her properties after quantifying the damages.

¶3The case of the petitioner is that she had started Horti farms, Cardamon plantation, dug three fishery ponds, put up fencing of 10 rows of barbed wire and hume pipe culvert was built including the seasonal crops vegetables. However, after construction of the two lane began, the respondent authorities started to dump soil/debris in the petitioner's farm land which Page No.# 3/4 has caused huge damage to her farm land and even to the ex-tent that the road connectivity has badly been destroyed creat-ing sort of small mountain inside the farm.

¶4It is contended that the petitioner is aggrieved by the above two lane construction from Chakhabama-Zunhebotois un-der SARDP-NE at DEF colony Zunheboto executed by the Gayatri Projects Ltd but which was later on awarded to the National Highway and Infrastructure Development Corporation Limited (in short, NHIDCL). Being aggrieved by the above damage caused to the properties of the petitioner, the petitioner filed a represen-tation before the respondent Nos. 4 and 7 on 27.7.2023 praying for payment of compensation to the damage caused to her farm land situated at DEF Zunheboto. However, the said representa-tion has not been considered by the respondent authorities till date.

¶5The learned counsel for the petitioner submits that at this stage, he has a limited prayer that this writ petition may be disposed of with a direction to the respondent authorities to dis-pose of her representation dated 27.7.2023 submitted before the respondent Nos. 4 and 7.

¶6Both the learned counsels for the respondents has no objection to the said prayer made by the learned counsel for the petitioner. However, Mr. Moa Jamir, learned counsel for the re-spondent Nos. 2,3 and 4 submits that the NHIDCL came into the picture in the matter only in the year 2017 after the alleged damage was already caused to the properties of the petitioner.

¶7Be that as it may, since the parties are in agreement on the limited prayer made by the learned counsel for the Page No.# 4/4 petitioner, in view of the said agreement of the parties, this writ petition is disposed of at this stage with a direction to the respondent authorities more particularly the respondent Nos. 4 and 7 to dispose of the representation dated 27.7.2023 submitted by the petitioner for assessment of the compensation by passing a speaking order within a period of 30 days from the date of receipt of certified copy of this order.

¶8With the above, the writ petition stands disposed of.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC020006922023 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kWP(C)/310/2023 SMTI.2V.2KHEVILI2SUMI R/O2D.C.2HILL2ZUNHEBOTO,2NAGALAND VERSUS THE2STATE2OF2NAGALAND2AND282ORS THROUGH2THE2CHIEF2SECRETARY2TO2THE2GOVT.2OF2NAGALAND 2:THE2UNION2O0F2INDIA 2REPRESENTED2BY2THE2SECRETARY2 MINISTRY2OF2ROAD2TRANSPORT2AND2HIGHWAYS 2MoRTH 2TRANSPORT2BHAWAN 2NEW2DELHI-110001 3:THE2MANAGING2DIRECTOR 2NATIONAL2HIGHWAY2AND2INFRASTRUCTURE2DEVELOPMENT2 CORPORATION2LIMITED2(NHIDCL) 242PARLIAMENT2STREET 2NEW2DELHI-110001 4:THE2EXECUTIVE2DIRECTOR 2NHIDCL2 PWD2REST2HOUSE2PWD2COLONY 5:THE2COMMISSINER2AND2SECRETARY 2DEPT.2OF2WORKS2AND2HOUSING2 GOVT.2OF2NAGALAND 6:THE2CHIEF2ENGINEER 2PWD2(NH)2 KOHIMA2NAGALAND 7:THE2DEPUTY2COMMISSIONER Page No.# 2/4 ZUNHEBOTO NAGALAND 8:ADDITIONAL DEPUTY COMMISSIONER ZUNHEBOTO NAGALAND 9:THE SUPERINTENDENT OF POLICE ZUNHEBOTO NAGALAN Advocate for the Petitioner : PAKINRICHAPBO Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE BUDI HABUNG