THE UNION OF INDIA AND 2 ORS v. THE STATE OF NAGALAND AND 4 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE NELSON SAILO
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-08-22. THE UNION OF INDIA AND 2 ORS v. THE STATE OF NAGALAND AND 4 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC020004562024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I. A. (Civil)/119/2024 THE UNION OF INDIA AND 2 ORS REPRESENTYED BY THE SECRETARY MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS NEW DELHI-1100012: THE MANAGING DIRECTOR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) 3RD FLOOR PTI BUILDING 4-PARLIAMENT STREET NEW DELHI 3: THE GENERAL MANAGER NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) PROJECT MONITORING UNIT- DIMAPUR 1ST FLOOR H/NO. -63 (A) NST COLONY BEHIND CITY TOWER DIMAPUR NAGALAN VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEFSECRETARY GOVT. OF NAGALAND NAGALAND KOHIMA 2:THE DEPUTY COMMISSIONER KOHIMA NAGALAND 3:THE SUB-DIVISIONAL OFFICER (CIVIL) SECU ZUBZA KOHIMA NAGALAND 4:SHRI THEJAO SEKHOSE S/O LATE KEDUOKIETUO SEKHOSE PERMAMEMNT ADDRESS- KENUOZOU Page No. # 2/4 COLONY NORTH BLOCK WARD-3 T.
KHEL KOHIMA VILLAGE PRESENT ADDRESS- TSURU COLONY SECU ZUBZA KOHIMA NAGALAND 5:M/S GAYATRI PROJECTS LIMITED B1 6-301090 TSR SOMAJIGUDA HYDERABAD-50008 Advocate for the Petitioner : SENTIYANGER Advocate for the Respondent : GOVT ADV NL Linked Case : WP(C)/94/2022 SHRI. THEJAO SEKHOSE S/O LATE KEDUOKIETUO SEKHOSE PERMAMEMNT ADDRESS- KENUOZOU COLONY NORTH BLOCK WARD-3 T. KHEL KOHIMA VILLAGE PRESENT ADDRESS- TSURU COLONY SECU ZUBZA KOHIMA NAGALAND VERSUS UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI- 110001 2:THE MANAGING DIRECTOR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED(NHIDCL) 3RD FLOOR PTI BUILDING Page No.
# 3/4 4-PARLIAMENT STREET NEW DELHI 3:THE GENERAL MANAGER NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) PROJECT MONITORING UNIT- DIMAPUR 1ST FLOOR H/NO-63 (A) NST COLONY BEHIND CITY TOWER DIMAPUR NAGALAND 4:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND KOHIMA NAGALAND 5:THE DEPUTY COMMISSIONER KOHIMA NAGALAND 6:THE SUB-DIVISIONAL OFFICER (CIVIL) SECU ZUBZA KOHIMA NAGALAND ------------ Advocate for : KEKHRIENGULIE Advocate for : CGSC appearing for UNION OF INDIA AND 5 ORS BEFORE HON'BLE MR. JUSTICE NELSON SAILO ORDER 22. 08. 2024 Heard Mr. Sentiyanger, learned counsel for the applicants/NHIDCL who submits that by filing this application the applicant seeks permission to implead M/S Gayatri Projects Ltd. who in fact was the first contractor to execute the road construction at the relevant time along the stretch of road in Tsuru Colony, Secu Zubza, under Kohima district.
The learned counsel submits that impleadment of the contractor is necessary for ascertaining the actual position while the work was being executed at the relevant time. Mr. Kekhriengulie, learned counsel for the petitioner on the Page No. # 4/4 other hand submits that since the NHIDCL is the Principal and responsible for what has been done by the agent there is no requirement for impleadment of M/S Gayatri Projects Ltd. particularly when the contract agreement has already been terminated since long time back. The learned counsel further submits that in fact as many as 3 (three) verifications has been done with the participation of all the stake holders in the aegis of Deputy Commissioner, Kohima, and therefore, the matter may be taken up for final Hearing without impleading M/S Gayatri Projects Ltd. Mr. Imti Imsong, learned Additional A. G. , Nagaland, submits that he was given 2 (two) weeks’ time to file the Verification Report dated 20. 02.
2024, in the main case but due to personal difficulties he could not file the same and he prays for further one week’s time to file the same. He also submits that a verification was also conducted on 12. 07. 2023, and therefore, it appears that there are all together 4 (four) verifications conducted including the last one conducted on 20. 02. 2024. On considering the submissions made by the learned counsel for the parties and on perusal of the materials available on record, this Court is of the view that impleadment of M/S Gayatri Projects Ltd. may not be necessary in view of the fact that the NHIDCL as the Principal for the road construction work had all along participated in all the verifications conducted so far. Accordingly, the impleadment application stands rejected. Sd/- JUDGE Comparing Assistant
Source: Gauhati High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.