Photo used for indicative purpose only. Source Internet
Shimla, Apr 23,
In the protracted legal battle over the iconic Wildflower Hall Hotel, the Himachal Pradesh High Court has imposed a penalty of ₹50,000 on the Principal Secretary (Tourism & Civil Aviation) to the Government of Himachal Pradesh. The fine, imposed by Justice Jyotsna Rewal Dua, comes in response to what the Court deemed an attempt to mislead the judiciary and retract a statement made by the State’s Advocate General during open court proceedings.
The case, which centers around the execution of an Arbitral Award dated July 23, 2005, involves the long-disputed transfer of shares and possession rights over the heritage property. Wildflower Hall, once a favored retreat for British officials, is today the subject of intense litigation involving the State government and EIH Ltd., a prominent stakeholder in the dispute. Over the years, the proceedings have been delayed repeatedly, with both parties often citing ongoing negotiations as the reason for adjournments.
The controversy intensified following a crucial hearing on March 27, 2025, during which the Advocate General of Himachal Pradesh clearly informed the Court that the State had no objection to the transfer of shares by EIH Ltd., provided that the pending decisions in OMP Nos. 94 and 851 of 2024 were finalized. This assurance, given in the presence of senior legal representatives and attended both in person and virtually, was duly recorded by the Court.
However, the subsequent submission of an affidavit by the Principal Secretary, claiming that the Advocate General’s statement was made inadvertently and did not represent the State’s actual stance, drew sharp criticism from the bench. Justice Dua, in a scathing order, rejected the plea outright, describing the move as a “misdirected and disrespectful adventure” that undermined not just the dignity of the Advocate General’s office but also interfered with the process of justice.
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Highlighting constitutional provisions and relevant judicial precedents, the Court reaffirmed the authoritative position held by the Advocate General, whose representations in court are presumed to be made under clear instructions and carry legal weight. The Judge also pointed out that the Advocate General had confirmed his earlier statement was made with full governmental authorization and stood by it firmly.
Terming the application as bordering on contempt, Justice Dua ordered that the Rs 50,000 fine be paid personally by the Principal Secretary and deposited with the office of the Advocate General before the next date of hearing. Additionally, the Advocate General was granted the liberty to pursue further legal action, including contempt proceedings, if deemed necessary.
The legal proceedings are set to resume on April 25, 2025, as the decades-old dispute over the historic property continues to unfold. The Wildflower Hall case, involving questions of corporate control, public interest, and legal accountability, remains one of the most closely watched cases in the region.
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