2025:HHC:37270 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13475 of 2025 Decided on: 06.11.2025 Sh. Vijay Singh Thakur … Petitioner Versus NHAI and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Ajay Thakur, Advocate. For the respondents : Ms. Shreya Chauhan, Advocate, for respondent No.1-NHAI. Mr. Rahul Thakur, Deputy Advocate General, for respondent No.2. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “a) That a writ in the nature of Mandamus or any other appropriate writ, order or direction may very kindly be issued directing the respondents to immediately carry out inspection and reconstruct a new retaining wall from the bottom of the hill strictly in accordance with proper engineering measure and safety standards in the interest the justice and to prevent the damage or the risk near the petitioner's residence at NH-05, Deoli Colony, Shimla, Himachal Pradesh. b) A writ in the nature of mandamus be very kindly be issued directing the respondents to take all necessary 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:37270 safety and preventive measures and continuous monitoring, or to remove the whole cracked retaining wall to ensure the safety of the petitioner, his family, and neighbouring residents. c) And declare that the acts and omissions of the respondents, leading to imminent danger to the life and property of the petitioner, are in violation of Article 21 and Article 14 of the Constitution of India.” 2. When this case was listed on 12.09.2025. the following order was passed:- “ Learned Additional Advocate General has handed over instructions dated 11.09.2025 alongwith certain photographs received from Executive Engineer, Shimla Division No.1, which are taken on record. In terms of these instructions, it is mentioned therein that when the spot was inspected, it has been observed that the retaining wall that has been constructed by NHAI has developed cracks and there being insufficient earth ledge to retain the foundations of the heavy walls casted by NHAI, the same is likely to pose danger to the house of the petitioner as also other properties on the valley side of road. It is further mentioned in the instructions that apart from this the chances of the collapse of the wall are also very high due to the thrust below foundations of the walls. At this stage, learned counsel for respondent No.1 submits that she may be granted some time to have 3 2025:HHC:37270 instructions in lieu of the instructions imparted by the learned Additional Advocate General. List on 17.09.2025.” Thereafter, on 17.09.2025, the following order was passed:- “ Ms. Sneh Bhimta, learned Counsel, informs the Court that the Contractor concerned has been apprised of the order passed by the Court and he is seeking two weeks time to inform as to what remedial measures are required to be taken so as to protect the property of the petitioner and other residents of the area. This case is ordered to be listed on 26.09.2025. It is expected that by the said date, the Contractor concerned should start taking remedial measures to ensure that life and property of the petitioner and other similarly situated persons is protected. In the interregnum, the measures which are urgently required at the spot be undertaken by the Contractor.” On 26.09.2025, the following order was passed:- “Learned Counsel for NHAI has handed over instructions received from Gawar Shimla Highway Private Limited, dated 25.09.2025, relevant portion whereof reads as under:- “This is in reference to PIU Shimla letter no. 1821 dated 16.09.2025 regarding CWP No. 13475 of 2025 titled Sh. Vijay Singh Thakur vs. NHAI & Anr., wherein this office was requested to provide comments along with suggestive measures. 2. In this regard, it is submitted that due to the 4 2025:HHC:37270 ongoing monsoon season, the remedial measures could not be executed. However, proper vigil is being maintained at site to ensure the safety of life and property. It is further informed that no additional deterioration has occurred at this location. 3. Further, it is submitted that the design is under review. After the review is completed, the necessary measures will be undertaken, and if required, the design will be modified/redesigned for which 3-4 weeks' time is required.” However, learned Counsel for the petitioner submits that the Contractor till date has not taken any steps to check the retaining wall and which even as per HPPWD is dangerous and give way any time. In these circumstances, the case is ordered to be listed on 07.10.2025. On the said date, learned Counsel for respondent-NHAI to have definite instructions as to what the NHAI and its Contractor intends to do with said retaining wall.” When the matter was listed on 07.10.2025, the following order was passed:- “Learned Senior Counsel for respondent No.1 has handed over a communication dated 06.10.2025, addressed by Gawar Shimla Highway Private Limited to the Project Director, National Highways Authority of India, PIU- Shimla, which reads as under:- “Dear sir, This is in reference to your above-mentioned letter 5 2025:HHC:37270 regarding CWP No. 13475 of 2025 titled Sh. Vijay Singh Thakur vs. NHAI & Anr., wherein our office was requested to provide comments along with suggestive measures. In this regard, it is submitted that our technical team is presently at the site conducting detailed investigations and formulating appropriate corrective measures. The process requires at least 3 to 4 weeks for proper evaluation. Accordingly, vide our letter no.GSHPL/Shimla Bypass/NH-5/Pkg-2/25-26/1645 dated 25.09.2025, we had already sought an extension of 3 to 4 weeks. Since the next date of hearing in the matter is scheduled for tomorrow i.e. 07.10.2025, we wish to apprise you that we are working expeditiously and the revised/modified design will be finalized within the next 7 days. We therefore request you to kindly grant us one week's time to complete the redesign as per the site requirements. However, it is to mention here that pre-construction activity will be commenced within one week, and full- fledged construction work is likely to be taken up by 23.10.2025 (after Diwali), due to shortage of labour/festival season.” In light of the contents of this communication, this case is ordered to be listed on 16.10.2025, to enable the respondents to place on record the revised/modified design, which in terms of the communication is likely to be finalized within seven days.” 3. Today, learned Counsel appearing for respondent No.1- 6 2025:HHC:37270 NHAI apprises the Court that proposed design of retaining wall was made available for the perusal of the petitioner. Learned Counsel for the petitioner submits that the same stands perused by the petitioner and he prays that the petition be disposed of by directing respondent No.1-NHAI to carry out construction in accordance with the revised/modified design as expeditiously as possible, so that no further damage is caused to the property of the petitioner. 4. In light of the prayer made by learned Counsel for the petitioner, this petition is disposed of with the direction that the concerned respondent shall carry out the work of construction of retaining wall in terms of the revised/modified design as expeditiously as possible, taking into consideration all technical aspects of the matter in the course of construction of said retaining wall, so that in future occasion does not arise either to the petitioner or any other person to approach the Court. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 06, 2025 (Rishi)