HC pulls up police for failure to register FIR over debris sliding on highways

himachaleditor October 10, 2026 3 minutes read

Shimla, October 10

Himachal Pradesh High Court has taken serious note of the failure of police authorities to register an FIR despite its directions issued on March 18, 2026, in a public interest litigation concerning construction-related violations and debris sliding onto a national highway near Shimla barrier.

A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi, while hearing CWPIL No. 37 of 2024 on October 8, observed that the non-compliance with its earlier order was clear and emphasised that police authorities were duty-bound to register an FIR once an offence had been found to have taken place, particularly when the court had issued specific directions.

The proceedings have their background in an earlier hearing on January 1, 2026, when the High Court, while dealing with six public interest litigations, took note of an affidavit filed by the Union of India and the National Highways Authority of India (NHAI) concerning debris accumulating on the highway near Shimla barrier.

According to the affidavit referred to in the proceedings, excavated earth from construction being undertaken by private persons was allegedly being dumped on the hillside and subsequently sliding down onto the National Highway. The court had directed the authorities to identify the persons responsible for dumping the excavated earth and take appropriate action against them.

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The court was also informed that paver tiles laid on the National Highway had sunk again under heavy traffic, while a proper drainage system had not been provided by the highway authorities. Photographs documenting the condition of the road were placed on record. The NHAI’s counsel had sought time to file an appropriate response detailing the interim measures taken to maintain the highway.

Despite the subsequent directions issued on March 18, 2026, the FIR had not been registered by the time of the October 8 hearing. The State’s Additional Advocate General sought to explain the failure by stating that a communication dated August 13, 2025, could not be traced in official records.

The Bench, however, noted that a communication dated May 14, 2026, placed on record by the State established that the police authorities were aware of the court’s order.

“It is the bounden duty of the police authorities to direct the lodging of an FIR, once it has been noticed that an offence has taken place, more so, when an order has been passed by this Court,” the Bench observed.

The Additional Advocate General assured the court that the necessary action would be taken immediately and action initiated against the violators.

The court was also informed that construction activity was being carried out by Geetikaa Sood, Vivek Sood and Manish Karol, with Tenzin Construction Private Limited undertaking the work as contractor. The order, however, does not record any finding of criminal guilt against the persons named.

The Bench deferred further proceedings to October 14, directing the concerned Station House Officer to remain personally present in court and file an affidavit detailing the action taken. The matter will be heard alongside CWPIL No. 95 of 2026.