NHAI Reverses ‘Act of God’ Stand, Agrees to Pay Rs 1.80 Crore to Shimla Orchard Owner

In a dramatic U-turn, the National Highways Authority of India (NHAI) has agreed to pay Rs 1.80 crore compensation to a Shimla orchard owner whose land and apple trees were devastated by landslides allegedly triggered by highway construction work, barely days after calling the incident an “Act of God” before the National Green Tribunal (NGT).

The case relates to the Kaithlighat-Dhalli four-laning project on National Highway-5 near Mashobra in Shimla district. Orchard owner Narinder Singh Rathore had approached the NGT in 2025, alleging that the collapse of retaining crate walls and unscientific hill-cutting during road widening caused massive landslides that buried his orchard and agricultural land.

Rathore claimed nearly 440 apple trees were destroyed, while the Himachal Pradesh horticulture department later informed the tribunal that around 550 fruit-bearing plants suffered damage in two separate incidents. Official assessments estimated the total loss at nearly Rs 40 lakh.

Earlier this month, the NHAI denied liability in an affidavit before the NGT, arguing that exceptionally heavy rainfall in May 2025 caused the landslides. Citing India Meteorological Department data, it said Shimla recorded 104.5 mm rainfall against the normal 69.8 mm , making the disaster a natural calamity beyond human control.

The authority also disputed the horticulture department’s findings, claiming only around 40 apple trees existed on the affected land. Its concessionaire, Gawar Shimla Highway Pvt Ltd , sought reassessment of damages and argued that highway construction was not a hazardous activity attracting strict environmental liability.

However, after fresh assessments by the horticulture and public works departments, the NHAI agreed to compensate Rathore and purchase around 1.5 bighas of debris-hit land. Rathore has now withdrawn his petition from the NGT.