Gauhati High Court
Page No.# 1/12 vs Sh. H. Lalfakzuala And 26 Ors on 7 October, 2021
Bench: Chief Justice, Soumitra Saikia
Page No.# 1/12
GAHC010051592021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/104/2021
THE STATE OF MIZORAM AND 3 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF MIZORAM,
AIZAWL, MIZORAM- 796001.
2: THE COMMISSIONER/SECRETARY TO THE GOVT. OF MIZORAM
PWD
AIZAWL
MIZORAM
PIN- 796001.
3: THE SECRETARY TO THE GOVT. OF MIZORAM
DP AND AR
(GSW)
AIZAWL
MIZORAM
PIN- 796001.
4: THE ENGINEER-IN-CHIEF
PWD
GOVERNMENT OF MIZORAM
AIZAWL
PIN- 796001
VERSUS
SH. H. LALFAKZUALA AND 26 ORS.
SENIOR ASSISTANT ENGINEER/SDO, PWD, KOLASIB DIVISION, KOLASIB.
2:SH. JOHN LALCHHUANAWMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
KAWRTHAH DIVISION
KAWRTHAH
Page No.# 2/12
MAMIT DISTRICT.
3:SH. C. LALENKAWLA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION III
RAMHLUN VENGCHHAK
AIZAWL.
4:SH. R. LALRINMAWIA
SENIOR ASSISTANT ENGINEER/SDO
PWD
PIU WORLD BANK
TUIKHUAHTLANG
AIZAWL.
5:SH. ZODINGLIANA
SENIOR ASSISTANT ENGINEER/SDO
PWD
HMUIFANG DIVISION
AIBAWK
AIZAWL DISTRICT.
6:SH. C. LALTHANGVELA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION-I
RAMHLUN VENGCHHAK
AIZAWL.
7:SH. LALNUNTLUANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
KHAWZAWL DIVISION
KHAWZAWL
CHAMPHAI DISTRICT.
8:SH. C. LALCHHUANAWMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NEC DIVISION
CHAMPHAI.
9:SH. DENGCHUNGNUNGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION II
RAMHLUN VENGCHHAK
Page No.# 3/12
AIZAWL.
10:SH. R. LALPEKA
SENIOR ASSISTANT ENGINEER/SDO
PWD
E IN C OFFICE PWD
TUIKHUAHTLANG
AIZAWL.
11:SMT. MALSAWMDAWGLIANI
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL BUILDING DIVISION
TREASURY SQUARE.
12:SMT. VANSANGPUII
SENIOR ASSISTANT ENGINEER/SDO
PWD
PIU WORLD BANK
TUIKHUAHTLANG
AIZAWL.
13:SMT. LALBIAKSANGI
SENIOR ASSISTANT ENGINEER/SDO
PWD
PROJECT DIVISION-III
BABUTLANG
AIZAWL.
14:SH. P. C. DAVID LALRINLIANA
SENIOR ASSISTANT ENGINEER/SDO
PWD
CHIEF ENGINEER ROADS OFFICE
TUIKHUAHTLANG
AIZAWL.
15:SH. LALREMRUATA
SENIOR ASSISTANT ENGINEER/SDO
PWD
HMUIFANG DIVISION
AIBAWK
AIZAWL DISTRICT.
16:SH. R. LALDUHTHLANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
OFFICE OF THE DIRECTORATE OF TRANSPORT
CHALTLANG
Page No.# 4/12
AIZAWL.
17:SH. LALNGAISANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
PROJECT DIVISION II
LAIPUITLANG
AIZAWL.
18:SH. LALRAMSANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
KOLASIB DIVISION
KOLASIB DISTRICT.
19:SH. LALBIAKNUNGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
PROJECT DIVISION II
LAIPUITLANG
AIZAWL.
20:SH. LALCHHUANAWMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
ROAD FUN BOARD
LAIPUITLANG
AIZAWL.
21:SH. ZOHMINGLIANA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD NORTH DIVISION
LAIPUITLANG
AIZAWL.
22:SH. P.C. ZOKHUMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD SOUTH DIVISION
TREASURY SQUARE
AIZAWL.
23:SH. LALDUHZUALA SAILO
SENIOR ASSISTANT ENGINEER/SDO
PWD
SERCHHIP DIVISION
SERCHHIP DISTRICT.
Page No.# 5/12
24:SH. K. LUAIMINTHANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
QUALITY CONTROL DIVISION
ZUANGTUI
AIZAWL.
25:SH. SAMUEL ZOTHANKHUMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD SOUTH DIVISION
TREASURY SQUARE
AIZAWL.
26:SH. JIMMY VANLALSIAMA BAWIKHAR
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION-II
RAMHLUN VENGCHHAK
AIZAWL.
27:SH. DAVID LALTANPUIA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD SOUTH DIVISON
TREASURY SQUARE
AIZAWL
Advocate for the Petitioner : MR A D CHOUDHURY
Advocate for the Respondent : MR. K N CHOUDHURY
Linked Case : WA/106/2021
THE STATE OF MIZORAM AND 3 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF MIZORAM
AIZAWL
MIZORAM- 796001.
2: THE COMMISSIONER/SECRETARY TO THE GOVT. OF MIZORAM
PWD
AIZAWL
Page No.# 6/12
MIZORAM
PIN- 796001.
3: THE SECRETARY TO THE GOV. OF MIZORAM
DP AND AR
(GSW)
AIZAWL
MIZORAM
PIN- 796001.
4: THE ENGINEER-IN-CHIEF
PWD
GOVT. OF MIZORAM
AIZAWL
PIN- 796001.
VERSUS
SMT. LALTLANTHANGI RALTE AND 34 ORS.
SR. A.E./SDO
PWD (ENVIRONMENT)
PIU
CE (ROADS)
PWD
TUIKHUAHTLANG
AIZAWL.
2:SH. V. LALHMUNMAWIA
SR. A.E./SDO
PWD
S AND I SUB-DIVSION
PWD
SAITUAL.
3:SH. JOSEPH REMMAWIA
SR. A.E./SDO
PWD
ENGINEER IN CHIEF OFFICE
PWD
TUIKHUAHTLANG
AIZAWL.
4:SH. H. LALNUNPUIA
SR. A.E./SDO
PWD
ENGINEER-IN-CHIEF OFFICE
PWD
TUIKHUAHTLANG
AIZAWL.
5:SH. S. R. LALRAMTHANGA
SENIOR ASSISTANT ENGINEER/SDO
Page No.# 7/12
PWD
PIU (ADB)
TUIKHUAHTLANG
AIZAWL.
6:SMT. JENNY LALRAMCHHUANI
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD NORTH DIVISION.
7:SH. KAPHMINGLIANA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION-I
RAMHLUN VENGCHHAK
AIZAWL.
8:SH. C. LALTHANGVELA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION-I
RAMHLUN VENGCHHAK
AIZAWL.
9:SH. LALNUNTLUANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
KHAWZAWL DIVISION
KHAWZAWL
CHAMPHAI DISTRICT.
10:SH. C. LALCHHUANAWMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NEC DIVISON
CHAMPHAI.
11:SH. DENGCHUNGNUNGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION-II
RAMHLUN VENGCHHAK
AIZAWL.
12:SH. R. LALPEKA
SENIOR ASSISTANT ENGINEER/SDO
PWD
E IN C OFFICE PWD
TUIKHUAHTLANG
AIZAWL.
13:SMT. MALSAWMDAWNGLIANI
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL BUILDING DIVISION
Page No.# 8/12
TRESURY SQUARE.
14:SMT. VANSANGPUII
SENIOR ASSISTANT ENGINEER/SDO
PWD
PIU WORLD BANK
TUIKHUAHTLANG
AIZAWL/
15:SMT. R. LALBIAKSANGI
SENIOR ASSISTANT ENGINEER/SDO
PWD
PROJECT DIVSION-III
BABUTLANG
AIZAWL.
16:SH. P.C. DAVID LALRINLIANA
SENIOR ASSISTANT ENGINEER/SDO
PWD
CHIEF ENGINEER ROADS OFFICE
TUIKHUAHTLANG
AIZAWL.
17:SH. LALREMRUATA
SENIOR ASSISTANT ENGINEER/SDO
PWD
HMUIFANG DIVISION
AIBAWK
AIZAWL DISTRICT.
18:SH. R. LALDUHTHLANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
OFFICE OF THE DIRECTORATE OF TRANSPORT
CHALTLANG
AIZAWL.
19:SH. LALNGAISANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
PROJECT DIVISION-II
LAIPUITLANG
AIZAWL.
20:SH. LALRAMSANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
KOLASIB DIVSION
KOLASIB DISTRICT
21:SH. LALBIAKNUNGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
PROJECT DIVSION-II
LAIPUITLANG
AIZAWL.
Page No.# 9/12
22:SH. LALCHHUANAWMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
ROAD FUN BOARD
LAIPUITLANG
AIZAWL.
23:SH. ZOHMINGLIANA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD NORTH DIVISION
LAIPUITLANG
AIZAWL.
24:SH. P. C. ZOKHUMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD SOUTH DIVISION
TREASURY SQUARE
AIZAWL.
25:SH. LALDUHZUALA SAILO
SENIOR ASSISTANT ENGINEER/SDO
PWD
SERCHHIP DIVSION
SERCHHIP DISTRICT.
26:SH. K. LUIMINTHANGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
QUALITY CONTROL DIVISION
ZUANGTUI
AIZAWL.
27:SH. SAMUEL ZOTHANKHUMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD SOUTH DIVISION
TREASURY SQUARE
AIZAWL.
28:SH. JIMMY VANLALSIAMA BAWIKHAR
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION-II
RAMHLUN VENGCHHAK
AIZAWL.
29:SH. DAVID LALTANPUIA
SENIOR ASSISTANT ENGINEER/SDO
PWD
AIZAWL ROAD SOUTH DIVISION
TREASURY SQUARE
AIZAWL.
30:SH. LALFAKZUALA
Page No.# 10/12
SENIOR ASSISTANT ENGINEER/SDO
PWD
KOLASIB DIVISION
KOLASIB.
31:SH. JOHN LALCHHUANAWMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
KAWRTHAH DIVISION
KAWRTHAH
MAMIT DISTRICT.
32:SH. C. LALENKAWLA
SENIOR ASSISTANT ENGINEER/SDO
PWD
NATIONAL HIGHWAY DIVISION-III
RAMHLUN VENGCHHAK
AIZAWL.
33:SH. R. LALRINMAWIA
SENIOR ASSISTANT ENGINEER/SDO
PWD
PIU WORLD BANK
TUIKHUAHTLANG
AIZAWL.
34:SH. ZODINGLIANA
SENIOR ASSISTANT ENGINEER/SDO
PWD
HMUIFANG DIVISION
AIBAWK
AIZAWL DISTRICT.
35:SH. R. LALCHUNGNUNGA
SENIOR ASSISTANT ENGINEER/SDO
PWD
WESTERN CIRCLE
LAIPUITLANG
AIZAWL.
------------
Advocate for : MR A D CHOUDHURY
Advocate for : MR. K N CHOUDHURY appearing for SMT. LALTLANTHANGI
RALTE AND 34 ORS.
Linked Case : WA/103/2021
THE STATE OF MIZORAM AND 3 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF MIZORAM
AIZAWL
MIZORAM- 796001.
Page No.# 11/12
2: THE COMMISSIONER/SECRETARY TO THE GOVT. OF MIZORAM
PWD
AIZAWL
MIZORAM
PIN- 796001.
3: THE SECRETARY TO THE GOVT. OF MIZORAM
DP AND AR
(GSW)
AIZAWL
MIZORAM
PIN- 796001.
4: THE ENGINEER-IN-CHIEF
PWD
GOVT OF MIZORAM
AIZAWL
PIN- 796001.
VERSUS
SH. C. LALDINTLUANGA AND ANR.
SR. A.E/SUB-DIVISIONAL OFFICER
PWD
ROAD SUB DIVISION
PWD
LUNGLEI.
2:SH. P.C. CHHIARKIMA
SENIOR ASSISTANT ENGINEER/SDO
PWD
SDO (TC) PWD
KHAWZAWL DIVISION.
------------
Advocate for : ADDL. A.G.
MIZORAM
Advocate for : appearing for SH. C. LALDINTLUANGA AND ANR.
Page No.# 12/12
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
07-10-2021 The matter is taken up through video conferencing. On the request of Mr. T. Chakraborty, learned counsel for the appellants, list again on 17th November, 2021.
JUDGE CHIEF JUSTICE Comparing Assistant