CWPIL/64/2024 of COURT ON ITS OWN MOTION Vs NHAI AND OTHERS on 24 September 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWPIL No. 64 of 2024

Decided on : 24.09.2026 Court on its own motion

...Petitioner Versus National Highway Authority of India and others

…Respondents.

Coram

Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioner : Ms. Yuyutsu Singh Thakur, Advocate, as Legal-aid-Counsel.

For the respondents : Ms. Shreya Chauhan, Advocate, for respondent No.1.

: Mr. Balram Sharma, DSGI, with Mr. Rajeev Sharma, Advocate, for respondent No.2.

: Mr. Gobind Korla, Additional Advocate General, for respondents No. 3 to 5.

G.S. Sandhawalia, Chief Justice (Oral)

The matter was taken up by this Court by order dated 1st October, 2024 suo motu regarding the alignment of the Shimla-Mataur Road on the stretch between Shimla to Nauni, which has been aligned on the ground that it was changed to confer illegal benefit upon certain persons.

2. As per the reply filed by respondent No.1-National Highways Authority of India (NHAI), it is pointed out that the Shimla- 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes

Mataur Corridor is 223.700 km of NH-88 (New NH-205, NH-103, NH- 03, NH-303 & NH-503) in the State of Himachal Pradesh, through its Project Implementation Unit at Hamirpur. The project is to be executed broadly in six packages. In the meeting held on 05.12.2017 under the Chairmanship of the Chief Secretary, it was noticed that the Shimla to Nauni Chowk stretch is divided into two packages, i.e. Shimla to Shalaghat Section (Package-I) and Shalaghat to Nauni Chowk Section (Package-II). The review was made on 25.05.2022 and 02.08.2022 under the Chairmanship of the Principal Secretary (PW), Government of Himachal Pradesh, wherein all stakeholder Departments were present, and the proposed alignment was found to have better road geometry, fewer trees were required to be felled and would cause fewer disturbances in terms of dislocation of habitation/structures and to reduce traffic congestion in the city, so that the southern part of Shimla city, which is sun-facing and away from the railway line, dense forest area and defence area. The same was identified by the competent authority and the NHAI, i.e. the Land Acquisition Committee, in its meeting held on 12.09.2022, as Annexure R-1/2. The proposed alignment also reduced the length by about 2.5 k.m.

3. The Shimla-Mataur Road is 223.700 km of NH-88 (new NH-103, NH-205, NH-303, NH-503, NH-703), and the consultant stressed that the proposed alignment offers a reduction in the overall length by about 2.5 km and the project cost would be lower in comparison to the previous proposal. Further, the proposed alignment has better road geometry, fewer trees are required to be felled, and the proposed package is essentially a greenfield alignment for two lanes with paved shoulders, starting from the existing NH-205 near Tara Devi Railway Station and ending near Shalaghat, having a length of 27.440 km.

4. In such circumstances, since a policy decision has been taken after taking into consideration the views of experts and necessary stakeholders, we are of the considered opinion that there are no further reasons to continue this public interest litigation, as, under the principles of judicial review, this Court is not to interfere in such cases. Accordingly, the proceedings are closed. Pending miscellaneous applications, if any, also stand disposed of.

(G.S. Sandhawalia)

Chief Justice

(Bipin Chander Negi) Judge 24th September, 2026 (Tarun Singh)