The washed-out section of National Highway-2 near Kisama exit gate under Phesama village.
Morung Express News
Dimapur | June 28
The proceedings at the Gauhati High Court Kohima Bench on June 25 expressed concern over the lack of urgency in restoring the washed-out section of National Highway-2 (NH-2) near the Kisama exit gate under Phesama village.
The National Highways & Infrastructure Development Corporation Limited (NHIDCL) and the Union Ministry of Road Transport and Highways (MoRTH) were also questioned for failing to act in accordance with established guidelines under the National Highways Act, 1956.
During the hearing of suo motu Public Interest Litigation (PIL) related to the NH-2 Kohima–Mao stretch, pending since 2022, the Amicus Curiae pointed out that a 100-metre stretch had completely collapsed, not merely eroded, following heavy monsoon rains.
The damage was first raised in earlier proceedings on June 4, when NHIDCL had sought time to form an expert committee to assess the damage and propose restoration measures.
According to an affidavit filed by NHIDCL, an expert committee was constituted and is currently visiting the affected site between June 24 and 26. The report is expected within seven days.
However, the Amicus Curiae flagged the delay, noting that the expert report was supposed to have placed the report as per the last order while nothing substantive has been done so far.
He further questioned why the proposal for additional land acquisition both on hillside and valley side remains under “consideration” despite having been assessed by the district administration.
“So thus far, nothing has been done,” the Amicus Curiae contended.
Citing two key guidelines issued by MoRTH, dated December 28, 2017 – “Land acquisition under the National Highways Act, 1956 - comprehensive guidelines thereon” and May 10, 2018 – “Policy Guidelines for land acquisition, tree felling, utility shifting across the alignment therefore - approach reg.” He pointed out that both NHIDCL and MoRTH had delegated responsibilities improperly and were not adhering to their own policies under the National Highways Act.
He impressed upon the Court that the problems in national highway construction persist because MoRTH as well as the NHIDCL are following own instructions and guidelines in terms of the National Highways Act.
The Amicus also underlined the strategic importance of NH-2, noting that it is the lifeline for areas beyond Phesama, connects Nagaland to Manipur, and is part of the Act East Policy corridor. He stressed the need for emergency measures, as the existing alternate route is unsuitable for heavy vehicles.
Taking note of the submissions, the Bench directed NHIDCL and MoRTH to file affidavits within two weeks detailing the status of land acquisition and plans for restoration.
It also called for the expert committee report to be submitted within seven days.
The Additional Advocate General, Nagaland, was also given two weeks to update the Court regarding the proposal for acquiring an additional land.
Listing the matter for further hearing on July 23, the Division Bench of Justice Budi Habung and Justice Yarenjungla Longkumer also directed the concerned respondents to place on record the 2017 and 2018 guidelines issued by MoRTH under the National Highways Act.
