Smti. Khamla Phom v. the State of Nagaland and 6 Ors.
Case brief
What is this about?
Inadequate compensation for property damage from road construction (Changtongya–Longleng Road, Mon–Tamlu–Merangkong Road two-lane project, Nagaland); Article 226 writ proceedings unsuitable where tendering of evidence and adjudication of factual disputes required; writ petition disposed of with liberty to sue for damages in competent Civil Court; exclusion of period 15.12.2022 till order date in computing limitation for filing suit; respondents include State of Nagaland, Union of India (MoRTH), Commissioner & Secretary Works & Housing, Deputy Commissioner Longleng, Chief Engineer PWD-NH, Director Keystone Infra Private Ltd, Executive Director NHIDCL; claim benchmarked to Nagaland PWD Schedule of Rates 2021 / W&W Construction estimates; Gauhati High Court Kohima Bench, WP(C)/335/2022, Justice Devashis Baruah, 17.03.2026.
What did the court decide?
Writ petition disposed of: Court declined to entertain it as involving pure factual adjudication; petitioner granted liberty to approach the competent Civil Court claiming damages for loss suffered due to damage to her properties from the road construction; period from 15.12.2022 till date excluded while computing limitation.