Himachal HC seeks NHAI reply on abandoning surface highway plan for twin tunnel

The Himachal Pradesh High Court on Thursday sought a specific response from the National Highways Authority of India (NHAI) on why it abandoned the original plan to construct a surface highway for the Shimla Bypass and opted for twin tunnels instead, despite having acquired land and disbursed compensation of around Rs 600 crore for the earlier project.

The Himachal Pradesh High Court on Thursday sought a specific response from the National Highways Authority of India (NHAI) on why it abandoned the original plan to construct a surface highway for the Shimla Bypass and opted for twin tunnels instead, despite having acquired land and disbursed compensation of around Rs 600 crore for the earlier project. Justice Sandeep Sharma, while hearing a petition filed by eight residents of Sanjauli, issued notices to the Union government, Himachal Pradesh government, NHAI and Shimla Deputy Commissioner, among others, directing them to file their replies within two weeks.

The matter has been listed for further hearing on November 17. The petitioners have sought directions to immediately stop construction of the twin-tube Chalauthi-Sanjauli-Bhatta Kufar tunnel under Package No. 2 of the Shimla Bypass project, alleging that excavation and tunnelling have caused structural damage to residential buildings situated above the tunnel alignment.

During the hearing, NHAI's counsel informed the court that tunnelling work had been suspended on September 18 and would not resume until the IIT Roorkee expert team submitted its report on safety aspects. The counsel further stated that the IIT Roorkee team had visited the site and summoned records relating to the tunnel construction. NHAI would undertake adequate measures to protect residential structures from any further damage before resuming work, she submitted.

Taking note of the statement, the court observed that there appeared to not impede directing NHAI to immediately suspend tunnel construction, particularly when the authority itself had stated that work would remain suspended until the expert report was received. However, the court refrained from passing a formal injunction, expressing the hope and trust that no further construction activity would be undertaken until the next hearing.

In its detailed order, the court said, "This Court restrains itself from passing an injunction order, but certainly hopes and trusts that till next date of hearing, no further construction activity shall be carried out as far as construction of twin tunnel is concerned." The court also directed NHAI to specifically explain in its reply why it abandoned the original surface highway alignment through Chhakrail, Bhatta Kufar and Dhalli after acquiring land and disbursing substantial compensation to affected landowners and displaced families.

It sought an explanation on the expenditure of approximately Rs 600 crore incurred towards compensation for land originally proposed for the surface highway and asked NHAI to apprise the court as to who would compensate the public exchequer for the amount spent. The petitioners have contended that the original Shimla Bypass project on NH-05 did not envisage twin tunnels and was proposed to be constructed as a surface highway through Chhakrail, Bhatta Kufar and Dhalli.

According to the petition, NHAI had acquired land for the proposed highway and distributed compensation of around Rs 600 crore among landowners and house owners. Approximately 88 families had already been displaced after their houses were demolished following the acquisition. The petitioners alleged that NHAI subsequently abandoned the surface highway proposal without any plausible justification and decided to construct twin tunnels from Chalauthi in Sanjauli to Bhatta Kufar.

They further submitted that several residential structures had developed cracks during tunnel construction and that some houses belonging to the petitioners had recently been declared unsafe. At least 16 buildings in the vicinity have reportedly suffered similar structural damage, raising concerns among nearly 1,000 families residing in the densely populated area of Shimla.

The petitioners have also relied on documents issued by the Geological Survey of India (GSI), alleging that the agency had advised against constructing a tunnel through the hill due to geological and safety concerns, particularly the presence of a large number of residential buildings above the proposed alignment. They alleged that NHAI ignored the advisory while proceeding with the project.

The petition further pointed out that water was reportedly gushing out from both sides of the tunnel during construction, a concern which, according to the residents, had also been highlighted by the GSI. Citing a GSI report, the petitioners said the distance between the tunnel and the ground surface above it was as little as 14 metres at certain locations, including areas near the cemetery and a shopping mart, where several residential structures are situated.

The residents have argued that tunnelling through the fragile hillside, beneath densely populated areas, without adequate safety measures could endanger buildings and human lives. Residents of Sanjauli, Bhatta Kufar, Shanti Vihar and adjoining areas have been holding protests under the banner of the Twin Tunnel Affected People's Sangharsh Committee.

The protesters have demanded an immediate halt to construction, a review of the revised tunnel alignment and restoration of the original survey route. They have alleged that blasting and excavation in the fragile hillside have caused damage to residential structures and could pose a serious threat to public safety.

The residents have also demanded that authorities undertake a comprehensive assessment of the affected buildings and ensure adequate protection and compensation for families whose houses have suffered structural damage. The High Court's proceedings come amid growing concerns over the safety of residents living above the tunnel alignment and the substantial public expenditure incurred on land acquisition for the originally proposed surface highway. (ANI)