The National Highways Authority of India (NHAI) has refused to pay environmental compensation for damage to an apple orchard during the four-laning work from Shakral to Dhalli near Mashobra in Shimla district, terming the landslides an 'act of god'. In a counter-affidavit filed before the National Green Tribunal (NGT), NHAI argued that damage to private property due to a natural calamity does not constitute an environmental dispute. The affidavit stated that heavy rainfall during the monsoon of 2025 triggered landslides across Himachal Pradesh, including the project area, and thus it was an 'act of god and beyond the control of NHAI'.
Dispute Over Tree Count and Compensation
NHAI also questioned the accuracy of a horticulture department assessment that 440 apple trees were damaged on private land due to landslides allegedly triggered by hill cutting linked to the four-laning work. The horticulture department had pegged the loss at over Rs 32.3 lakh. According to the affidavit, NHAI's project concessionaire, M/s Gawar Shimla Highway Pvt Ltd, conducted its own assessment and claimed that the horticulture department's damage assessment report was 'incorrect', as only around 40 apple trees existed on the affected land.
Request for Reassessment
The affidavit states that NHAI has requested the Shimla Sub-Divisional Magistrate (Rural) to ask the horticulture department to re-examine its report and submit a revised assessment based on 'actual field conditions' before the matter can be processed further. NHAI submitted the affidavit following NGT's directions on January 8 this year on a letter petition filed by Narender Singh Rathore, who alleged that indiscriminate hill cutting and four-laning work on the Shimla bypass stretch of NH-22 had triggered landslides and damaged his land near Dhalli. He claimed that NHAI construction activity had destabilised the hillside, damaged apple orchards on his private land, and posed a threat to houses and public safety.
Protest Has Stalled Project
NHAI informed NGT that the bypass construction project, which was forcibly stopped by villagers in June last year over safety concerns and fears of further landslides, is yet to resume. According to the affidavit, the villagers' protest has badly affected the progress of the project, and NHAI has sought the Shimla SDM (Rural)'s intervention to help restart the stalled work. NHAI also informed authorities that debris was being removed in the affected area and safety measures such as tarpaulin covering over houses, steel barricades, caution boards, and retaining structures were installed to prevent further hill sliding.
