HC Kohima Bench seeks explanation from Nagaland CS over delay in damage compensation

Morung Express News
Kohima | May 8 

The Gauhati High Court Kohima Bench on Wednesday sought explanation from Chief Secretary, Nagaland as to why the Deputy Commissioner, Phek is not releasing the amount for damage compensation despite earlier direction.

To this end, the Division Bench of Justice Kakheto Sema and Justice Budi Habung directed Additional Advocate General (AAG) Nagaland to seek instruction the Chief Secretary, Nagaland as to why the DC, Phek is not releasing the entire amount despite a March 12 direction by the Under Secretary to the Government of Nagaland and file an affidavit within three weeks. 

It is made clear that on the next date fixed (June 3), the Chief Secretary shall apprise the Court the ground reality, and the impediment; if any, for expeditious release of the damage compensation to the petitioners, the Bench stated. 

The direction was given while hearing a contempt petition filed by Chakhesang Public Organisation and three others concerning land compensation for the construction of the Phek-Pfutsero road 2-lane project under SARDP-NE (Special Accelerated Road Development Programme in North East). 

During the hearing, the counsel representing the petitioners informed the Court that despite of the March 12 direction,  the DC is yet to release the entire amounts till date.  The Counsel said that instruction would be taken as to whether the DC, Phek should be made as a respondent party in the present petition.

It must be noted that the HC Kohima Bench on February 29 ordered the Nagaland Government to release the compensation cheque it had received from the Union of India for landowners affected by the 2-lane road project under SARDP-NE within one week. 

The Court then asked for a compliance report by March 14.

However, the AAG on March 14, informed the Court that the State Government is taking steps to release money for damage compensation and produced the March 12 letter to that effect. The AAG requested some more time for bank transfer to the amount to beneficiaries’ accounts, which the Court granted till April 9. On April, the matter was adjourned to May 8. 

According to the Court’s records, the Union Ministry of Road Transport & Housing (MoRTH) has already issued an amount of Rs 60,94,36,685 via two cheques dated on 4/1/2021 and 12/1/2024.