Morung Express News
Dimapur | April 3
The Gauhati High Court Kohima Bench (GHCKB) on April 2 criticised the Nagaland Government for its failure to acquire land for riverbank expansion, a measure necessary to prevent further erosion of the road along the Pagla Pahar stretch of National Highway-29.
In September 2024, the Chathe River had washed away sections of the highway.
“We fail to understand that in spite of the report having been submitted on 10.02.2025 and there being an urgent necessity for the land to be acquired at the earliest so that the progress of the work on the Dimapur-Kohima National Highway is not hindered, the Additional Advocate General, Nagaland has not placed anything on record regarding steps taken for acquisition,” the Court observed.
Resuming the suo motu Public Interest Litigation concerning the four-lane expansion of NH-29, the GHCKB Division Bench, comprising Justice Devashis Baruah and Justice Budi Habung, made the observation while noting that a previous Coordinate Bench had, on March 13, directed the Additional Advocate General, Nagaland to submit instructions regarding the action taken on the report of the Deputy Commissioner (DC), Chümoukedima.
The directive had emphasised the need to complete the land acquisition and riverbank expansion before the onset of the rainy season.
According to the Court’s records, a joint spot verification was conducted with officials from various departments, including NHIDCL, Village Council Members, and the contractor. The verification determined that 34,285 sq. ft. of land had already been affected to ensure the proper flow of the river. An assessment was also carried out regarding land acquisition and accidental damages.
The verification report was forwarded to the Commissioner, Nagaland, Kohima on 10.02.2025 for further action. The Bench was informed that the State Government intended to acquire the land under the provisions of the Nagaland Land (Requisition and Acquisition) Act, 1965, which allows acquisition through appropriate notifications.
However, the Court questioned why the State Government had yet to take the necessary steps for acquisition. The Amicus Curiae and the Authority Engineer, NHIDCL, also submitted that without invoking urgency provisions, progress on the affected stretch would remain stalled.
Highlighting the urgency of the matter, the Bench observed that once the rainy season begins, undertaking the required works would become difficult. It, therefore, directed the State of Nagaland—particularly the Commissioner, Nagaland and the DC, Chümoukedima—to take immediate steps to facilitate the land acquisition.
“The said authorities can also invoke the urgency provisions as mandated under the Act of 1965,” the Court stated.
The Bench further directed National Highways and Infrastructure Development Corporation (NHIDCL) and the Union Ministry of Road Transport and Highways to ensure the necessary sanctions and approvals were accorded at the earliest to proceed with the acquisition.
Obstruction of works
Regarding the construction of a bridge at Chainage 165, near Dzüdza village, the Court was informed that certain individuals were obstructing the work due to alleged non-receipt of compensation.
After confirming that the land had already been acquired for the project, the Court directed the Deputy Commissioner, Kohima, and the Superintendent of Police to take appropriate measures to ensure that no person disrupts the ongoing construction.
However, it clarified that any aggrieved individual could seek legal remedies under the relevant acquisition statutes governing the land acquisition.
Concerning issue of landowner resistance at the sinking area near Chainage 164 in Zubza—where concerns have been raised over culvert construction due to water diversion—the Court directed NHIDCL and the District Administration to negotiate with the affected landowners.
Given the urgency before the monsoon, the Court also ordered the submission of a report on these negotiations by April 15.
Addressing the maintenance of roads under the State PWD, the Court acknowledged the NH-29 stretch as a lifeline for Nagaland and Manipur. Despite claims of completed repairs, the Court noted that the road condition remained poor.
Accordingly, it directed the PWD to continue maintaining the road until the Ministry of Road Transport and Highways (MoRTH) sanctions funds for road-topping.
Further, the PWD (Works & Housing) Commissioner was instructed to expedite the sanction process and submit a status report on maintenance by the next hearing on April 16.
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