PHED pipelines are seen running along the eroding cliff face above the Chathe River bend on July 16, where crucial widening work for riverbank expansion is yet to begin, nearly 11 months after the first erosion incident. (Morung File Photo)
Morung Express News
Dimapur | August 16
It was a case of meeting one deadline at the last moment while missing another, as the Gauhati High Court Kohima Bench (GHCKB) resumed the hearing of two Public Interest Litigations (Suo Motu) on August 13.
The first PIL concerns the National Highway-29 Dimapur–Kohima four-lane project, taken up by the Court in 2019, and the second relates to the NH-2 Kohima–Mao Gate Project, under hearing since 2022.
Regarding NH-29, particularly the acquisition of land for riverbank expansion on the Chathe River, the Amicus Curiae informed the Division Bench of Justice Mridul Kumar Kalita and Justice Rajesh Mazumdar that he had received the compliance affidavits from the State’s respondents “just now” and needed time to go through them.
The respondents included the Deputy Commissioner, Chümoukedima; the Commissioner, Nagaland; the Deputy Commissioner, Kohima; and the Chief Engineer, PWD (National Highways). The first two relate to the acquisition of land on the Chathe River.
During the previous hearing on July 16, the Amicus Curiae had informed the Court that despite repeated directions, the State had yet to file a detailed affidavit regarding progress in the matter.
The Court then reiterated its earlier orders dated April 2, 2025, and June 25, 2025, directing the State to file a detailed affidavit within two weeks from July 16.
Considering the State’s failure to comply, the Court also directed the Chief Secretary to take urgent steps through the PHED for shifting or removal of the pipeline from the location and to file an affidavit.
It remains unclear whether the four affidavits submitted addressed this issue.
Nevertheless, the Division Bench allowed the prayer from the Amicus Curiae and listed the matter for further hearing on August 20.
When The Morung Express visited the site on August 11, there were no signs of activities concerning the removal of pipeline.
Courts demandsconcrete action plan on NH-2
While barely managing to scrap through one compliance, the State Government once again fell short on another concerning the acquisition of additional land for the construction or restoration of NH-2, as directed by the Court on June 26.
On that date, the Additional Advocate General (AAG) had submitted that land acquisition for temporary restoration, measuring 9,000 sq.m on the hillside and 450 sq.m on the valley side, had been forwarded to the competent authority for approval. The stretch of the road measuring about 100 meters was completely washed out near Kisama exit gate under Phesama village area in early June.
The AAG then had sought time to obtain necessary instructions and file an affidavit.
Nearly one and a half months later however, on August 13, the AAG sought yet another week’s time to file the affidavit.
Meanwhile, the Amicus Curiae submitted that in compliance with the Court’s June 26 direction, the NHIDCL had filed affidavits. While the affidavit stated that the Expert Committee visited the Phesama sinking area on the Kohima–Mao Road and submitted a report suggesting remedial measures, no action plan with timelines for restoration was provided.
He further noted that a 100-metre stretch of road near the Phesama exit gate under Phesama village had completely collapsed, yet the NHIDCL had still not submitted a concrete action plan.
In response, Counsel for NHIDCL sought another week to submit a concrete action plan with timelines to restore the collapsed portion.
Based on submissions, the Amicus Curiae pointed out that the procedure for acquiring land for the construction of National Highways has been prescribed under the National Highways Act, 1956, and should be followed accordingly.
The Court directed NHIDCL’s Counsel to address this issue in the affidavit as well.
The Division Bench listed the matter for further hearing on August 20.
