Rights of property must be compensated when construction causes damage beyond the right of way, violating Articles 14, 21, and 300A of the Constitution.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. T. Khezhie, learned counsel for the petitioner. Also heard Mr. Sentiyanger, learned counsel for the respondent Nos. 1, 2 and 3 and Mr. Imti Imsong, learned Additional Advocate General, Nagaland appearing for the respondent Nos. 4, 5 and 6.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Sri Thejao Sekhose praying for issuance of writ in the nature of mandamus/certiorari against the respondents.

3. The writ petitioner is a permanent resident of Kenuozou Colony, North Block, Kohima village and presently residing at Tsuru Colony of Secu Zubzaunder Kohima district. The respondent Nos. 2 and 3 i.e., National Highways and Infrastructure Development Corporation Limited (hereinafter referred to as NHIDCL) had undertaken a project of construction of four-lane National Highway-29 Road from Dimapur to Kohima (hereinafter referred to as four-lane road).

4. For undertaking the four-lane road construction project, the previous existing road had to be realigned and for which a substantial stretch of earth cutting had to be carried out at the portion of land where petitioner's land is located. Accordingly, a stretch of land belonging to petitioner was acquired and due compensation for the same was also paid to him.

5. However, for the purpose of construction of four-lane road, the respondent Nos. 2 and 3 started using petitioner's private approach road which was not acquired and no permission for same was obtained from him. Later on, for the purpose of four-lane construction, earth was excavated and in order to dispose of the excavated earth, the private approach road of the petitioner was used by the respondent Nos. 2 and 3. As such, the private approach road was totally cut off. The petitioner had lodged complaints regarding unauthorized use of his land by the respondent Nos. 2 and 3.

6. It is also stated by the petitioner in his writ petition that during the course of four-lane road construction, box-cutting (earth cutting) was done wherein the petitioner's land is situated on both the sides of the highway, which were severely affected due to extensive earth cutting. It is stated that due to extensive earth cutting, the landslide began to occur in the petitioner's land. It was reported to the Sub-Divisional Officer (Civil), Secu Zubza, Kohima, Nagaland who conducted a site verification on 15.04.2018 and submitted his report to the Deputy Commissioner, Kohima.

7. As per the verification report submitted by Sub-Divisional Officer (Civil), Secu Zubza, Kohima, the piggery, the RCC building, which is situated over the plot of petitioner's land and the terrace field were affected by earth cutting work during the construction of four-lane road. As the earth cutting in some portions left the side of the roads as high as 40 to 50 feet without providing any protection wall which caused landslides in the land of the petitioner, the verification report also incorporated suggestion for NHIDCL to construct braced wall in order to cover the entire height and whole stretch of excavated land so as to arrest further damage. As the petitioner's building over his land, piggeryand terrace field were affected due to the construction of four-lane road without any protection wall after earth cutting. He submitted representation seeking compensation for the damages sustained to his property.

8. After ascertaining the aut