Gauhati High Court stays INR 40.48 lakh compensation orders linked to alleged property damage during Chakhabama–Zunheboto road construction
KOHIMA — The Kohima Bench of Gauhati High Court has stayed the operation and implementation of orders directing payment of INR 40.48 lakh as compensation for damage allegedly caused to properties during construction of Chakhabama–Zunheboto Road, Package-II.
The interim order was passed on Monday by Justice Susmita Phukan Khaund on an application filed by M/s Shivalaya Construction Limited, the contractor engaged by the National Highways and Infrastructure Development Corporation Limited (NHIDCL) for the road construction.
The company had sought a stay on the operation of a letter dated May 19, 2026, and a technical assessment report dated April 30, 2026, during the pendency of its writ petition.
According to the order, a committee had been constituted by the deputy commissioner of Phek, pursuant to an earlier High Court direction in a separate case, and had conducted physical verification on March 19 to assess damage allegedly caused to the properties of two respondents during construction of the Chakhabama–Zunheboto Road, Package-II.
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The contractor submitted that the road construction work had been completed in 2022, although the defect liability period was still in force.
During the physical verification, the committee reportedly observed that the properties of the two respondents were situated beyond the Right of Way (ROW), according to the submissions made by the contractor before the court.
The company further submitted that the ADC, Chozuba, had on April 30 directed payment of INR 40,47,984 as compensation, and that the exercise was to be completed within three months in compliance with an earlier High Court order dated February 2, 2026.
The contractor contended that the compensation order had been passed without proper assessment and without assigning reasons. It also submitted that it became aware of the orders only on May 25.
After hearing the petitioner and examining the materials placed before it, the High Court observed that the contractor had made out a prima facie case for staying the two orders.
“Accordingly, the operation and implementation of the aforesaid orders shall remain stayed till the next date of listing,” the court ordered.
The matter has been listed for September 15, with the respondents directed to be notified.