Wildflower Hall case: High Court notice to state on EIH review plea

Legal Correspondent

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Shimla, November 25

The HP High Court issued a notice to the state government on a review petition filed by EIH Limited (Wildflower Hall Hotel) seeking the review of the court order passed on November 17.

During the course of hearing, the advocate for the state sought time to file reply and Justice Satyen Vaidya while allowing the request ordered it to file the same by December 8.

On November 17, the court had ordered that “The award grants a right to the state to resume and take possession of the property immediately on non-compliance of obligation by EIH Ltd and others (claimant No. 1) within the stipulated period and such an option has been reserved in favour of the state government. It is for the government to decide on its option and if it so desires, it is free to resume and take possession of the property immediately. If the state government does not choose to avail of the option, EIH Ltd is to take steps with respect to the cancellation of the conveyance deed dated February 6, 1997, and update the revenue records of rights and thereafter take immediate steps for the execution of the lease deed. While passing the direction, the court in its November 17 order had directed the parties to show compliance by December 15.”

Besides, the court also disposed of an application filed by EIH Ltd, which alleged that the state government in a haste appointed an administrator on November 17 to take over the possession of Wildflower Hall hotel at Chharabra being run by the Oberoi group in violation of the court order.

The Single Judge Bench of Justice Vaidya disposed of the same after perusing the reply of the government, which stated that “the respondent (state authorities) has utmost regard for the court orders and there cannot be a question of willful overreach or acting in contravention of this court orders, as has been alleged in the application under reply. The respondent in a bona fide belief that it has a right under the Arbitral Award to take immediate possession of the subject property passed the executive order dated November 17, exercising its rights under the said Award.”

It was stated in the reply of the state that after this court issued a clarification vide its order dated November 18, the respondent has suspended the Executive Order passed on November 17 in due deference to this Court.”

After perusing the reply, the court disposed of the application of EIH Ltd and listed the main matter for further hearing on December 15.