The National Highways Authority of India (NHAI) has told the National Green Tribunal (NGT) that it will not pay compensation to farmers because the landslide in Shimla in May 2025 was an 'Act of God.' and not their fault.
The NHAI gave this reply after a complaint was filed in January. The farmers alleged that road construction work and weak slope support by NHAI and its contractor damaged their farm land in Shimla rural area and caused landslides.
The petition was filed by landowners against NHAI and its agencies involved in widening a four-lane road from Shakral village to Dhalli on the Kaithlighat–Dhalli section of NH-5. In response, the NGT had earlier sought detailed replies from the concerned authorities regarding the matter.
In its counter-affidavit dated May 18, NHAI said the applicants referred to an incident that took place on May 25, when a retaining wall built by its agency was damaged. It said the damage occurred only due to a natural calamity, calling it an “Act of God/Vis Major.” It added that heavy rainfall in Himachal Pradesh from late May 2025 led to widespread landslides, even in areas where no construction work was underway.
The NHAI said this was supported by IMD reports and the state government’s disaster declaration issued on September 1, 2025. On the claim of damage to 440 trees and loss of over Rs 32.3 lakh, NHAI asked the SDM Shimla (Rural) to direct the Horticulture Department to review its report and submit a fresh field-based assessment.
The authority said any compensation should not be based on what it called an incorrect and inflated assessment by the 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 said.
The NHAI said its concessionaire, M/s Gawar Shimla Highway Pvt Ltd, carried out its own assessment and claimed the horticulture report was inaccurate, stating only around 40 apple trees were present on the affected land.
The counter-affidavit also rejected claims of land damage, saying the land was already under acquisition for the highway project under the National Highways Act, with a gazette notification issued on January 15 this year.
"Upon finalisation of the award, the compensation shall be duly disbursed to the entitled land owners in accordance with law," the reply said. It said that the applicants sought environmental compensation without establishing "any specific violation of the conditions of environmental clearance or forest clearance by NHAI/concessionaire; any act or omission on the part of NHAI/concessionaire that contributed to or caused the landslide."
It argued that the damage was caused entirely by a natural event and could not have been prevented despite reasonable care or precautions. It said the principle of strict liability applies only to hazardous industrial activities, and highway construction is a public infrastructure project carried out with approvals, not a hazardous activity attracting absolute liability without negligence.
NHAI further said environmental principles like polluter pays and precautionary principle apply only when damage is caused by a human 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 said.
The authority urged the NGT to dismiss the petition, saying it had no merit and raised no substantial environmental issue. It also requested directions against alleged obstruction by landowners or locals in ongoing restoration work.
Also read: Thunderstorms, rain bring relief from heat in Himachal
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