After ‘Act of God’ stance, NHAI agrees to pay Shimla orchard owner for landslide damage

The NHAI, which earlier disputed the damage quoted by Rathore and called the landslide an act of God, has now told the NGT that it would be paying suitable compensation. The Himachal Horticulture Department has assessed the cost of the damage caused to Rathore at Rs 40 lakh.

The ongoing four-lane project Kaithlighat-Dhalli section of National Highway-5 (Express/Saurabh Parashar)

Rathore’s orchard is located in a 200-metre deep valley in village Lindhi Dhar in Mashobra block, below an under-construction four-lane project on the Kalka-Shimla National Highway-5. A bunch of four-five houses are clustered together, with all the residents part of one clan. The orchard Rathore owns is spread over 50 bighas, with younger brothers Hitender and Devender co-owners.

The noise of a hydraulic hammer along with a drilling machine employed for breaking the rocks and drilling the hills can be constantly heard in the background.

“How could they call what happened an act of God or a natural disaster? We have been living here, growing fruits for generations. Earlier God didn’t act, God only acted when the NHAI started cutting hills at 90 degrees, making national highways, laying tunnels and four-lanes?” says Rathore.

He adds: “Soon after the NHAI and its concessionaire company installed the crate walls last year, we warned that they could collapse any time as they were installed on the slope without digging a foundation. In fact, just a week before the collapse of the walls, we wrote a letter to the NHAI, and were told someone would get back by May 26. Then the landslide happened.” Crate walls are retaining or protective structures made from wire mesh “crates” filled with stones, boulders or rubble, to prevent erosion, landslides and road collapse.

In the NGT hearing on May 18, the NHAI disputed the assessment of the Horticulture Department regarding the loss suffered by Rathore. The Horticulture Department had told the NGT that it conducted inspections following complaints of crate wall collapse, and around 550 fruit-bearing apple plants in all were found to have been damaged due to the landslides and debris generated during the highway widening work.

However, the NHAI said: “Our concessionaire conducted an independent site visit and found that only 40 apple trees were actually damaged.”

In its submission to the NGT on May 19, the NHAI called the landslide an “act of God”, and placed on record a May 2025 report of the India Meteorological Department, stating that Shimla recorded 104.5 mm rainfall against the normal rainfall of 69.8 mm during the period. “Landslides (are) an extraordinary natural event constituting an Act of God or Vis Major, beyond the reasonable anticipation and / or control of (the) NHAI and its concessionaire,” the NHAI said.

As regards May 25, 2025, the NHAI said: “… the rainfall (that day) was widespread and vigorous in Himachal Pradesh. Isolated hailstorm activity was also recorded in Shimla district on May 22 and May 25.”

Rathore says the area never sees heavy showers in May, and the rains usually come in July. He believes the NHAI submitted the record of the entire Shimla district for May 25, 2025, which included the higher hills that had seen heavy rain that day.

An official with IMD, Shimla, requesting anonymity, says: “We compile overall weather reports, covering an entire district, not a particular location within it.” On May 20, Rathore’s counsel submitted before the NGT that the NHAI had changed its stand, had assessed the damage in presence of officials and assured it would pay adequate compensation. Rathore wanted to withdraw his petition, the counsel said.

Project Director (Kalka-Shimla) National Highway-5, Anand Dhaiya, noted that ‘act of God’ was a standard terminology used by lawyers in courts and tribunals. However, he told The Indian Express: “Indeed, the incident happened and damage occurred. We acknowledged it… We have assured the petitioner full compensation.”

Dhaiya also points out that some damage is unavoidable in projects such as these, despite all necessary precautions.