Gauhati HC Kohima Bench Flags Dismal Road Progress on Dimapur–Kohima Highway, Impleads PBMC Contractor

The Kohima Bench of the Gauhati High Court expressed displeasure over stalled construction and maintenance across three highway packages, directing compliance affidavits by 7 October 2026.

On 9 September 2026, a Division Bench of the Gauhati High Court sitting at Kohima — comprising Justice Manish Choudhury and Justice Yarenjungla Longkumer — took up In Re: Kohima v. Union of India and Others, a suo motu PIL concerning the condition of the Dimapur–Kohima national highway. Reviewing affidavits filed by the National Highway and Infrastructure Development Corporation Limited (NHIDCL) and the Public Works Department, National Highway, Nagaland, the bench recorded displeasure over near-stationary physical progress on the Lerie Welcome Gate to Jotsoma Bypass stretch, where cumulative work stood at barely 54% even as financial disbursements ran ahead. The bench also directed the expediting of a long-delayed Detailed Project Report for slope protection measures and impleaded a newly appointed Performance Based Maintenance Contract (PBMC) contractor as a fresh respondent.

The Highway Dispute Before the Kohima Bench

The suo motu PIL, registered in 2019, monitors the construction, maintenance and safety of the Dimapur–Kohima road. The highway is divided administratively into Package-I, Package-II, Package-III, and a separately monitored stretch from Lerie Welcome Gate to Jotsoma Bypass.

On 27 August 2026, the Amicus Curiae, Senior Advocate Taka Masa, had personally inspected Package-I and Package-II and reported them unfit for plying. The bench then directed NHIDCL to complete maintenance works and file a compliance affidavit before the 9 September sitting. On the same date, the bench noted that physical progress on the Lerie–Jotsoma stretch was only 53.89%, whereas financial progress was described as being on a “much higher side,” and called for the personal appearance of the Chief Engineer, PWD (National Highway), Nagaland.

Package-I: PBMC Contract Signed, Persistent Four-Kilometre Problem Zone

For Package-I, the NHIDCL's affidavit reported ongoing Short Term Maintenance Contract works, covering road repairs, drain clearances and slide removal. Bituminous repairs had been carried out at various locations. The bench was told that continuous monsoon rainfall and heavily loaded vehicles had caused recurring deterioration, particularly on the left-hand-side carriageway.

Of the approximately 14.935 km stretch covered by Package-I, a four-kilometre section was identified as having persistent motorability problems. After an extensive survey, NHIDCL decided on permanent rectification through full reconstruction from subgrade level under a PBMC. A Contract Agreement with the PBMC Contractor — M/s Trinity rd Group, Hubli, Karnataka — was signed on 31 August 2026 for a period of five years, and the contractor was mobilising at site as of the hearing date.

Noting this development, the bench impleaded M/s Trinity rd Group as Respondent No. 22 in the PIL and directed its cause-title to be modified accordingly. Counsel for NHIDCL, Mr. Moa Jamir, was directed to communicate the impleadment to the new party and ensure its appearance on future dates. He was also asked to place before the court a bar-chart indicating month-wise progress milestones expected of the PBMC Contractor.

Package-II: EPC Contractor Found Unresponsive, Tender Process Pending

The situation for Package-II was more acute. NHIDCL's affidavit acknowledged that the Engineering, Procurement and Construction (EPC) Contractor for Package-II had been found unresponsive despite repeated notices. The Authority Engineer had prepared an estimate for carrying out the required maintenance works at the EPC Contractor's risk and cost, and a proposal to that effect was forwarded to the competent authority on 1 September 2026. The tendering process for fresh maintenance works was described as pending approval.

The bench expressed the expectation that the tender process for Package-II maintenance be completed preferably within September 2026, without issuing a hard deadline as a direction.

Package-III: Stuck at 90%, Completion Targeted for September 2026

On 27 August 2026, the court had been told that 90% of the work under Package-III was complete. By the 9 September hearing, the affidavit filed on behalf of NHIDCL again stated that the EPC Contractor had achieved 90% physical progress — the same figure — with the balance comprising miscellaneous and rectification works. The respondents assessed that the project under Package-III would be completed by the end of September 2026.

The bench directed NHIDCL to bring a completion report on record along with its next affidavit, to be filed before the next date of listing.

Slope Protection DPR: Delays Despite Earlier Commitments

The slope protection issue has its own procedural history within the PIL. In an affidavit filed on 1 June 2026 in compliance with an order dated 22 April 2026, NHIDCL had committed that the DPR Consultant would finalise a Detailed Project Report for slope protection measures along the entire Dimapur–Kohima stretch by 30 June 2026. The plan envisaged placing the approved DPR before the Ministry by the first week of August 2026, initiating land acquisition by the first week of September 2026, and floating a tender for an EPC Contract by mid-September 2026.

None of those milestones were met. The authorised representative of NHIDCL, Mr. Manish Kumar, informed the bench that a Peer Review Expert had visited the site in May 2026 and proposed certain measures in consultation with NHIDCL. Those proposals had not been finalised by the DPR Consultant, and as a result the final DPR had not been placed before NHIDCL authorities.

The bench noted that the period from September to March is the best window for construction work in Nagaland. It directed all stakeholders involved in the DPR finalisation to expedite the process and asked NHIDCL to initiate land acquisition and publish the tender for the EPC Contract at the earliest. A progress report was directed to be brought on record in the next affidavit.

Lerie–Jotsoma Stretch: Zero Progress in Some Weeks, Potholes Filled by Public

The stretch from Lerie Welcome Gate to Jotsoma Bypass drew the sharpest observations from the bench. Weekly construction progress reports annexed to the affidavit of the respondent No. 5 — the Chief Engineer, PWD (National Highway), Nagaland — covering the period from 5 August 2026 to 1 September 2026 showed that cumulative physical progress as on 1 September 2026 was only 54.18%. In some weeks, the physical progress recorded was 0.00%.

Chief Engineer Neilabeizo, who joined the post on 14 July 2026, appeared in person and submitted that he was making efforts to push progress but found that the contractor, Respondent No. 21 (S. Semp and Co.), was not performing satisfactorily. He had issued a show-cause notice to the contractor as to why penalties should not be imposed. The reply to that notice had not yet been received.

The Amicus Curiae submitted that potholes existed throughout the entire stretch, making commuting difficult. He informed the bench that members of the general public had themselves come forward to fill potholes to make the road minimally motorable.

Mr. Michael, the person-in-charge of Respondent No. 21, appeared in person and undertook to fill all potholes in the entire stretch by 30 September 2026. The bench directed the Chief Engineer, PWD (National Highway), Nagaland to inspect and bring on record the status of potholes and to file construction progress reports subsequent to 1 September 2026 in the next affidavit.

Order

The Division Bench listed the case for 7 October 2026. All affidavits directed during the hearing are to be filed before that date. The directions in summary are:

• M/s Trinity rd Group, Hubli, is impleaded as Respondent No. 22. Counsel for NHIDCL to communicate the impleadment and ensure its appearance.
• NHIDCL to place a bar-chart of month-wise progress milestones for the PBMC Contractor on record.
• Tender process for Package-II maintenance to be completed preferably within September 2026.
• NHIDCL to file a completion report for Package-III with its next affidavit.
• All stakeholders to expedite the slope protection DPR; NHIDCL to report progress on land acquisition and tender publication.
• Respondent No. 21 to fill all potholes on the Lerie–Jotsoma stretch by 30 September 2026.
• Chief Engineer, PWD (National Highway), Nagaland to file an inspection report on pothole status and construction progress reports post-1 September 2026.