‘Act of God’ Claim: The National Highways Authority of India (NHAI) has agreed to pay Rs 1.80 crore as compensation to a farmer whose land and apple orchard near Dhalli in Shimla were damaged in a landslide during the Kalka-Shimla National Highway-5 four-laning project.
The farmer, identified as Narinder Singh Rathour, had approached the National Green Tribunal (NGT), alleging that the highway construction work caused the landslide and severely damaged his orchard.
Initially, NHAI denied responsibility and described the incident as an “Act of God” — a legal and insurance-related term used for natural disasters beyond human control. However, after multiple hearings, the authority changed its stand and agreed to compensate the petitioner. Following this, the case was withdrawn.
Compensation Sought for 440 Apple Trees
The incident took place during the four-laning work on the Kalka-Shimla National Highway-5. Narinder Singh Rathour’s 50-bigha apple orchard was located nearly 200 metres below the project road in a deep valley.
On May 25, 2025, crate walls constructed during the development work collapsed onto his orchard, causing major damage to the fruit-bearing trees. Rathour then filed a petition before the NGT seeking compensation for nearly 440 apple trees.
According to a report by The Indian Express, Rathour claimed that he had warned NHAI and its concessionaire company last year when the crate walls were installed. He alleged that the walls had been erected on the slope without digging proper foundations and could collapse at any time.
He also stated that a letter had been sent to NHAI a week before the incident, warning about the danger. In response, he was told that someone would contact him by May 26, but the collapse occurred before that.
NHAI Blamed Heavy Rainfall
During the proceedings, the Horticulture Department informed the NGT that around 550 fruit-bearing apple plants had been damaged due to the landslide, debris, and collapse of the crate walls. However, NHAI maintained that only 40 apple trees had suffered damage.
In the May 19 hearing, NHAI described the landslide as a “divine disaster” or “Act of God” and submitted a May 2025 weather report from the Meteorological Department, claiming that Shimla had received unusually heavy rainfall this year.
According to the report, the highway authority stated:
“The landslide is an extraordinary natural event considered an Act of God or Vis Major. It is beyond the reasonable expectation and control of NHAI and its concessionaire.”
However, Rathour argued that such heavy rainfall had never occurred in the area during May.
Eventually, NHAI revised its position and officials inspected the damage on the ground.
According to a PTI report, the orchard owner has now been paid Rs 1.80 crore as compensation. Following the settlement, the petitioner’s lawyer informed the tribunal that his client was withdrawing the case.
Anand Dahiya, Project Director of Kalka-Shimla National Highway-5, acknowledged that despite taking necessary precautions in such large infrastructure projects, some damage can still occur.
