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VIJAY BISHNOI, MANISH CHOUDHURY
Vitolu Sema S/O Henezhe Sema – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
Vijay Bishnoi, CJ
Heard Mr. T.B. Jamir, learned counsel appearing for the petitioners. Also heard Mr. L.T. Sangtam, learned Additional Advocate General, Nagaland assisted by Mr. V. Zhimomi, Junior Government Advocate, Nagaland for respondent Nos.1 to 4, Mr. Akhrieu Chusi, learned counsel for respondent Nos.5, 6 and 7 and Mr. Taka Masa, learned Senior Advocate for respondent No.8.
2. The petitioner No.1 is the Gaonbura Saptiqa and President of Saptiqa Gaonburas’ Association in the district of Zunheboto, the petitioner No.2 is a public spirited citizen hailing from Kichilimi Village under Zunheboto and is one of the co-conveners of the 17 (seventeen) Villages Public Forum. The present writ petition (PIL) has been filed raising concerns for providing proper road connectivity to 17 (seventeen) villages including Hoishe Village situated between Mukalimi and Zunheboto, namely Shesulimi, Awohumi, Kichilimi, Tukunasami, Nunumi, Shoipu, Saptiqa, Zhevishe, Usutomi, Shena Old, Shena New, Ghukiye, Kulhopu, Nikuto, Xukhepu, Zungti and Hoishe, which falls within the proposed Section-3 of the 2-lane Showuba-Pangsha, East-West Corridor Road. The stretch from Showuba to Pangsha is divided i
Judicial review in matters of road alignment is limited; courts defer to expert recommendations unless clear violations of law or mala fides are demonstrated.
Writ petitions challenging the alignment for land acquisition were dismissed, upholding public interest over private grievances despite procedural irregularities.
The NHAI has the discretion to determine highway alignment and land acquisition processes, with judicial review being limited to instances of legal violations or mala fides.
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