Shimla: Himachal Pradesh High Court today directed the EIH Ltd, a part of the Oberoi Group, to surrender possession of the renowned Wildflower Hall to the Himachal Pradesh government.
High Court dismissed the review petition (No. 133 of 2023) filed by EIH Ltd. and others against the common order dated November 17, 2023. The order was related to Execution Petitions No. 5 and 19 of 2023 concerning the possession of Wildflower Hall property in Charabra, Shimla.
The review petition sought clarification on paragraphs 35 and 38(i) of the November 17, 2023 order. The specific prayers included reviewing paragraph 35, which discussed the State's right to resume possession of the property, and deleting the directions in paragraph 38(i).
The court, presided over by Justice Satyen Vaidya, considered the grounds for review presented by the petitioners. The key contentions included the State of Himachal Pradesh not seeking possession in the execution petitions and the petitioners' compliance with the award's terms.
However, the court held that a review cannot be used as a disguise for an appeal and must be based on a mistake or an error apparent on the face of the record. The judge emphasized that an error should be self-evident and not require a lengthy process of reasoning.
The court also noted that the review petitioners had not challenged certain observations made in the November 17, 2023 order, and therefore, they couldn't request a reconsideration of the merits.
Additionally, the court highlighted the pendency of OMP No. 562 of 2023, where the petitioners sought relief against the State's attempt to take possession.
The court clarified that the State had suspended its executive order dated November 17, 2023, after the court's clarification on November 18, 2023.
High Court dismissed the review petition, stating that no mistake or error on the face of the record had been demonstrated. The court reiterated that the review process is limited and cannot be treated as a second appeal.
The court also directed the EIH Ltd and the state government to settle accounts by appointing the officers to this effect.
