The Himachal Pradesh High Court has mandated that the National Highways Authority of India (NHAI) and the contractor M/s Gawar Shimla Highway Private Ltd. collectively pay an interim compensation of Rs 2.23 crore to Ranjana Devi, whose multi-storey home collapsed amid ongoing construction on the Shimla Bypass project. A Division Bench, comprising Chief Justice G S Sandhawalia and Justice Bipin C Negi, stated that the parties involved must disburse 50 per cent each of the computed compensation amount of Rs 2,23,55,924 within four weeks.

Causation and Assessment of Damage

The court initiated the matter on its own accord after receiving a letter from a neighbouring resident, Chanda Devi. Her three-and-a-half-storey home located in Chamyana was rendered structurally unsafe as a result of a significant landslide and the collapse of Ranjana Devi’s adjacent property. This incident took place within Package-II of the four-lane Shimla Bypass project, located on National Highway-5.

The compensation awarded to Ranjana Devi breaks down into two components: Rs 1,65,17,336 for the damage to the structure and Rs 58,38,588 for personal belongings that were lost. The court expressed its apprehension over the lack of timely payment, emphasising that despite the assessment having been completed the previous year, “not a penny has been paid” to the victim.

Highlighting the responsibilities of NHAI and the contractor, the court affirmed that they cannot evade their duties. It reinforced the expectation that they ensure adequate supervision and safety measures during deep hill cutting operations.

Investigation Results and Safety Concerns

Findings from inquiries and police reports presented to the court indicated that the landslide and resultant collapse were associated with vertical slope cutting on the hillside without sufficient integrated geotechnical and hydrological management. The court noted that uncontrolled surface water runoff significantly contributed to the incident.

An FIR has been lodged at the Dhalli police station in connection with the collapse, marking an official inquiry into the circumstances surrounding this event. In addition, the High Court has instructed state authorities to evaluate the damage suffered by Chanda Devi and has mandated that six other adjacent homes, deemed vulnerable to similar landslides, be closely monitored.

The bench firmly noted that NHAI “cannot wash off its hands of the responsibility” regarding effective supervision and safety precautions during the extensive hill excavation processes. The significance of adhering to safety protocols in construction activities in landslide-prone areas was underlined by the court’s remarks.

Next Steps in Legal Proceedings

The matter has been scheduled for further hearing on September 23. The involvement of both the NHAI and the contractor in this case underscores the legal obligations they hold in such construction projects, particularly in areas susceptible to natural disasters like landslides. The court’s directives aim to ensure accountability and may influence future construction practices in the region.

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