CHANDIGARH: The National Highways Authority of India (NHAI) has told the National Green Tribunal (NGT) that it is not liable to pay compensation to owners of agricultural land and apple plants in Mashobra near Shimla, which were allegedly damaged in the landslide in May last year.
Last year, a petition was filed by orchard owner Narender Singh Rathore and a few other landowners from the Mashobra block, who stated that they suffered a huge loss due to the collapse of crate walls during NHAI’s construction work.
The work was being carried out under the four-lane project in the Shakral Village-Dhalli section of the Kaithlighat-Dhalli stretch of National Highway-5 (NH-5).
The response or counter-affidavit was filed by the National Highways Authority of India before the National Green Tribunal (NGT) on May 18.
"The incident was caused solely due to a natural calamity (Act of God/Vis Major). Heavy rainfall occurred in Himachal Pradesh from late May 2025 onwards, triggering widespread and large-scale landslides, including in areas where no construction or project of any nature was being undertaken," the reply said and added that the incident was an Act of God.
To support its submission, the NHAI placed on record a May 2025 report of the India Meteorological Department, stating that Shimla recorded 104.5 mm of rainfall against the normal rainfall of 69.8 mm during the period, reflecting a departure of nearly 50 per cent.
On the alleged damage to 440 trees on a plot, a loss of over Rs 32.3 lakh was claimed.
The NHAI urged the SDM Shimla (Rural) to ask the Horticulture Department to re-examine its report and submit a fresh field-based report.
The NHAI further stated that compensation, if any, cannot be based on the erroneous and inflated assessment of the Himachal Pradesh Horticulture Department.
"The matter requires proper re-assessment before any compensation is determined. In any case, the compensation payable (if any at all, given that the damage was due to natural calamity) shall be determined in accordance with applicable law," it added.
"Our concessionaire, M/s Gawar Shimla Highway Private Limited, had also conducted its own assessment of the loss and claimed that the horticulture department's damage assessment report was "incorrect" as only around 40 apple trees existed on the affected land as against 440 trees claimed. We request SDM Shimla to direct the horticulture department to re-examine the total loss,’’ it added.
The counter-affidavit rejected the claim for damage to the land, stating that the land was in the process of being acquired for the highway project under the National Highways Act, for which a gazette notification had been issued on January 15 this year.
"Upon finalisation of the award, the compensation shall be duly disbursed to the entitled landowners in accordance with law," the reply said.
The reply added that the NHAI was not liable for the alleged damage when it was caused solely and exclusively by an extraordinary natural event which could not have been reasonably anticipated or prevented by human foresight, care and skill.
"It is no more res integra that the 'no-fault' or 'strict liability' principle under environmental law applies to 'hazardous activities' of industry. Highway construction, which is a public infrastructure project undertaken with all requisite approvals, is sustainable development, and it does not fall within the category of hazardous activities attracting absolute liability in the absence of any negligence,’’ the reply added.
It also highlighted that the precautionary principle and the polluter pays principle are triggered only where there is actual environmental damage caused by or attributable to a person's act or omission.
"Where the damage is caused solely by an Act of God or natural calamity, these principles cannot be invoked to fasten liability on NHAI," the reply stated and sought the tribunal's directions to dismiss the landowners' application, arguing it was without merit and did not raise any substantial environmental question.
It also requested the NGT to direct the authorities to take cognisance of the obstruction being caused by the applicants or locals in restoration work.