The National Highways Authority of India (NHAI) has told the National Green Tribunal (NGT) that it is not liable to pay compensation to orchard owners in Mashobra near Shimla for losses allegedly caused by a landslide in May 2025, describing the incident as an “Act of God” triggered by extreme rainfall in the region.

The matter stems from a petition filed by orchard owner Narender Singh Rathore and other landowners, who claimed that they suffered extensive damage to agricultural land and apple orchards due to the collapse of crate retaining walls during construction work linked to the four-laning of the Shakral Village–Dhalli section of National Highway-5 (NH-5). The petitioners argued that construction activity by the highway authority contributed to the landslide and resulting losses.

In its counter-affidavit submitted before the National Green Tribunal on May 18, the NHAI argued that the landslide was caused solely by extraordinary natural forces and not by any construction-related negligence. It cited India Meteorological Department data showing that Shimla received 104.5 mm of rainfall in May 2025, significantly higher than the normal 69.8 mm, leading to widespread landslides across the region.

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The NHAI further stated that compensation claims based on the Himachal Pradesh Horticulture Department’s assessment were inflated and inaccurate. It cited an alternative evaluation by its concessionaire, M/s Gawar Shimla Highway Private Limited, which claimed that only around 40 apple trees existed on the affected land, as opposed to the 440 trees cited in official damage reports, calling for a re-examination of the losses.

The authority also highlighted that the land in question was already under acquisition for the highway project under the National Highways Act, with a gazette notification issued in January 2025. It argued that once compensation is finalised under the acquisition process, payments would be made in accordance with the law, separate from claims related to natural disaster damage.

Rejecting liability, the NHAI maintained that the principles of environmental compensation, including “polluter pays” and strict liability, do not apply in cases of natural calamities where no human negligence is established. It urged the tribunal to dismiss the petition, stating that the incident was beyond human control and requesting that authorities also address alleged local obstruction to restoration work in the affected area.

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