GAHC010067342023 2024:GAU-AS:4409

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Tr.P.(C)./32/2023

SHAH NEWAZ KHAN AND 5 ORS.

S/O- LATE ABDUL ROUF KHAN, PERMANENT RESIDENT OF BOKAJAN, P.S.

BOKAJAN, DIST. KARBI ANGLONG, ASSAM, HAVING RESIDENCE IN

PURANA BAZAAR, DIMAPUR, DIST. DIMAPUR, NAGALAND.

2: SHAH NAQIB KHAN

S/O- LATE ABDUL ROUF KHAN

PERMANENT RESIDENT OF BOKAJAN

P.S. BOKAJAN

DIST. KARBI ANGLONG

ASSAM

HAVING RESIDENCE IN PURANA BAZAAR

DIMAPUR

DIST. DIMAPUR

NAGALAND. REPRESENTED BY THE PETITIONER NO. 1

ON THE STRENGTH OF POWER OF ATTORNEY

3: SHAH IMRAN KHAN

S/O- LATE ABDUL ROUF KHAN

PERMANENT RESIDENT OF BOKAJAN

P.S. BOKAJAN

DIST. KARBI ANGLONG

ASSAM

HAVING RESIDENCE IN PURANA BAZAAR

DIMAPUR

DIST. DIMAPUR

NAGALAND. REPRESENTED BY THE PETITIONER NO. 1

ON THE STRENGTH OF POWER OF ATTORNEY

4: MD. ZAKIR KHAN

S/O LT. MD. HASSAN KHAN

PERMANENT RESIDENT OF BOKAJAN

P.S. BOKAJAN

DIST. KARBI ANGLONG

ASSAM HAVING RESIDENCE IN PURANA BAZAAR DIMAPUR DIST. DIMAPUR NAGALAND. REPRESENTED BY THE PETITIONER NO. 1 ON THE STRENGTH OF POWER OF ATTORNEY

5: SADDAD KHAN S/O LT. MD. HASSAN KHAN PERMANENT RESIDENT OF BOKAJAN P.S. BOKAJAN DIST. KARBI ANGLONG ASSAM HAVING RESIDENCE IN PURANA BAZAAR DIMAPUR DIST. DIMAPUR NAGALAND. REPRESENTED BY THE PETITIONER NO. 1 ON THE STRENGTH OF POWER OF ATTORNEY

6: SUILTAN MEHMOOD KHAN S/O LT. MD. HASSAN KHAN PERMANENT RESIDENT OF BOKAJAN P.S. BOKAJAN DIST. KARBI ANGLONG ASSAM HAVING RESIDENCE IN PURANA BAZAAR DIMAPUR DIST. DIMAPUR NAGALAND. REPRESENTED BY THE PETITIONER NO. 1 ON THE STRENGTH OF POWER OF ATTORNE VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND, DEPARTMENT OF POWER, KOHIMA, NAGALAND

2:THE SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF LAND REVENUE KOHIMA NAGALAND

3:THE DEPUTY COMMISSIONER DIST-DIMAPUR NAGALAND

4:THE CHAIRMAN CUM MANAGING DIRECTOR NATIONAL HYDRO ELECTRIC POWER CORPORATION LTD.

CORPORATE OFFICE - NHPC OFFICE COMPLEX SECTOR 33 FARIDABAD-121003 HARYANA

5:CHIEF ENGINEER LOKTAK HYDRO ELECTRIC POWER CORPORATION BISHNEPUR MANIPUR

6:ON THE DEATH OF MD. MANSUR AHMED S/O LATE SALIM AHMED WHO HAS DIED ALSO

6.1:NAWAZ AHMED R/O VILL- KHANI BASTI P.S.- KHAT-KHATI P.O.-KARAGAON KARBI ANGLONG ASSAM

6.2:YASIN AHMED R/O VILL- KHANI BASTI P.S.- KHAT-KHATI P.O.-KARAGAON KARBI ANGLONG ASSAM Linked Case : Tr.P.(C)./68/2015 SHAH NEWAZ KHAN and 5 ORS S/O LT. ABDUL ROUF KHAN

2: SHAH NAQIB KHAN S/O LT. ADUL ROUF KHAN

3: SHAH IMRAN KHAN S/O LT. ABDUL ROUF KHAN

4: MD. ZAHIR KHAN S/O LT. MD. HASSAN KHAN

5: SADDAD KHAN S/O LT. MD. HASSAN KHAN

6: SUILTAN MEHMOOD KHAN S/O LT. MD. HASSAN KHAN ALL ARE PERMANENT RESIDENT OF BOKAJAN P.S. BOKAJAN DIST. KARBI ANGLONG ASSAM HAVING RESIDENCE IN PURANA BAZAAR DIMAPUR DIST. DIMAPUR NAGALAND.

VERSUS THE STATE OF NAGALAND AND 5 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF POWER KOHIMA NAGALAND.

2:THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF LAND REVENUE KOHIMA NAGALAND.

3:THE DEPUTY COMMISSIONER DIST. DIMAPUR NAGALAND.

4:THE CHAIRMAN CUM MANAGING DIRECTOR NATIONAL HYDRO ELECTRIC POWER CORPORATION LTD.

CORPORATE OFFICE- NHPC OFFICE COMPLEX SECTOR 33 FARIDABAD- 121003 HARYANA.

5:THE CHIEF ENGINEER LOKTAK HYDRO ELECTRIC POWER CORPORATION BISHENPUR MANIPUR.

6:ON THE DEATH OF MD. MANSUR AHMED HIS SON SALIM AHMED R/O BURMA CAMP DIMAPUR NAGALAND.

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:::BEFORE:::

HON’BLE MR. JUSTICE BUDI HABUNG Advocate for the petitioner/appellant: Mr. S. Dutta, Sr. Adv.

Mr. N. I. Khan Advocates for the respondents : Ms. M. Kechu, Addl. AG, Nagaland Mr. G. Baishya Mr. R. P. Sarmah, Sr. Adv.

Mr. B. N. Sarmah Date on which judgment is reserved : 30.10.2025 Date of pronouncement of judgment : 01.11.2025 Whether the pronouncement is of the operative part of the judgment? YES Whether the full judgment has been pronounced? YES JUDGMENT & ORDER(CAV)

Heard Mr. Surajit Dutta, learned senior counsel, assisted by Mr. N. I. Khan, learned counsel, appearing on behalf of the petitioners. Also heard