After ‘Act of God’ stance, NHAI agrees to pay Shimla orchard owner for landslide damage | Current Affairs | Vision IAS

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

27 May 2026
2 min

Incident Overview

Narinder Singh Rathore recounts the events of May 25, 2025, describing a landslide near his apple orchard in the Mashobra block, caused by crate walls laid by the National Highways Authority of India (NHAI). This incident resulted in significant damage to his property and prompted him to seek compensation through the National Green Tribunal (NGT).

Rathore's Claims

  • Rathore claims the landslide destroyed approximately 440 apple trees, impacting his orchard spanning 50 bighas shared with his brothers.
  • He alleges the environmental degradation was due to NHAI’s construction practices, violating the Environment (Protection) Act.

NHAI's Response

  • Initially, NHAI dismissed the damage claims, attributing the landslide to an "act of God" citing unexpected heavy rainfall documented by the India Meteorological Department.
  • NHAI later agreed to pay compensation after further assessments acknowledged the incident and the damage caused.

Environmental Concerns

  • Crate walls were installed improperly, without a foundation, leading to their collapse during the landslide.
  • The Himachal Horticulture Department assessed Rathore's loss at Rs 40 lakh.
  • Background construction noise from hydraulic hammers and drilling machines highlighted the ongoing impact of the highway project on local residents.

Legal Proceedings

  • During NGT hearings, conflicting assessments were presented: the Horticulture Department reported 550 damaged trees, while NHAI’s concessionaire claimed only 40 were affected.
  • Rathore’s counsel highlighted NHAI's eventual acknowledgment of damage and intent to compensate, leading to a potential withdrawal of the petition.

Conclusion

The incident underscores the complexities in balancing infrastructural development with environmental preservation and community impact, highlighting the need for careful assessment and responsible construction practices.

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RELATED TERMS

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Act of God

A legal term referring to an event beyond human control, such as natural disasters like floods, earthquakes, or severe weather, for which no party can be held responsible. In legal contexts, it can be used as a defense against liability.

Himachal Horticulture Department

A state government department in Himachal Pradesh responsible for the promotion, development, and regulation of horticulture crops and related activities within the state. It plays a role in assessing crop losses and providing support to horticultural farmers.

India Meteorological Department (IMD)

The National Meteorological Service of India, established in 1875, and the principal government agency responsible for all matters related to meteorology, forecasting weather, and warning against severe weather phenomena. It operates under the Ministry of Earth Sciences.

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