Shimla landslide that damaged apple orchards was ‘act of God’, NHAI tells National Green Tribunal
The National Highways Authority of India (NHAI), in its reply before the National Green Tribunal (NGT), on Wednesday termed the landslide in Shimla that allegedly damaged agricultural land and around 550 apple plants worth around Rs 40 lakh in Mashobra last year as 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 rainfall against the normal rainfall of 69.8 mm during the period, reflecting a departure of nearly 50 per cent.The response was filed in a petition moved by orchardist Narender Singh Rathore from the Mashobra block, who moved NGT in 2025, stating that he 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).Rathore approached the NGT under provisions of the Environment (Protection) Act, alleging large-scale environmental degradation and damage to his agricultural and orchard land due to the highway-widening project. The NHAI stated, “…Further, the rainfall on May 25, 2025 — the day when the landslide damaged the orchard — was widespread and vigorous in the State of Himachal Pradesh. Isolated hailstorm activity was also recorded in Shimla district on May 22 and May 25. This clearly establishes that heavy rainfall and the resulting landslides were an extraordinary natural event constituting an ‘Act of God’ or ‘Vis Major’, beyond the reasonable anticipation and/or control of NHAI and its concessionaire.” In the reply, the NHAI also disputed the assessment of the Himachal Pradesh Horticulture department, which informed the tribunal that the petitioner suffered a loss of approximately Rs 40L. The NHAI stated, “Our concessionaire conducted an independent site visit and found that only 40 apple trees were actually damaged, as against the 440 trees claimed. We requested the SDM Shimla to direct the Horticulture Department to re-examine the total damage.” The respondents in the matter include the Himachal Pradesh Public Works Department, the State Government, the Ministry of Environment, Forest and Climate Change, the NHAI, Gawar Construction Limited and Gawar Shimla Highway Private Limited. The matter is being heard by a Bench comprising Justice Prakash Shrivastava, chairperson, and Dr A Senthil Vel, expert member. On May 19, the Himachal Pradesh Horticulture Department informed NGT that around 550 fruit-bearing apple plants were damaged due to the landslides and debris generated during the highway widening work. C. Paulrasu, Secretary (Horticulture), told the tribunal that inspections were conducted following complaints regarding damage caused by collapsing crate walls near the construction site.Story continues below this ad “The first inspection was carried out by the Horticulture Development Officer, Mashobra, on June 10, 2025. The value of the damaged fruit plants was calculated in accordance with the government-approved Harbans Singh Formula. A report submitted thereafter stated that 110 fruit plants had been damaged, causing losses estimated at Rs 7,65,650,” he stated. Paulrasu further informed the Tribunal that a second inspection was conducted on July 17, 2025, along with revenue officials and the landowner. During the inspection, it was found that a high-density apple plantation, along with old apple plants, had been buried under debris following the collapse. According to the revenue authorities, a total of 440 plants were affected, including 400 high-density apple plants and 40 Royal apple plants. The plants were found completely buried and totally damaged under the debris generated from the collapse. A second assessment report submitted on July 24, 2025, assessed the losses from the second incident at Rs 32,31,452. The State authorities informed the Tribunal that, combining both assessment reports, a total
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