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2024 Supreme(HP) 331

SATYEN VAIDYA
EIH Ltd. – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Petitioner:Mr. R. L. Sood, Sr. Advocate with Mr. Arjun Lal, Ms. Sanjeevni Sood and Mr. Aakash Thakur, Advocates.
For the Respondent:Mr. Dhruv Mehta, Sr. Advocate with Mr. Prabhat Kumar (through V. C.), Mr. I. N. Mehta, Sr. Addl. A.G., with Mr. Vivek Negi, Advocate

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, the petitioners herein (hereinafter referred to as review petitioners) have sought review of common order dated 17.11.2023 passed by this Court in Execution Petitions No. 5 of 2023 and 19 of 2023. The review petitioners have made prayers to the following effects:

    “a. Review para 35 of the order dated 17.11.2023, by clarifying that the possession of the built up property in question i.e. Wildflower Hall, Charabra Shimla and land is not liable to be resumed by the State of H.P.

b. Delete para/directions contained in para 38(i) of the impugned order dated 17.11.2023 i.e. Annexure A-1.”

2. Since, the review has been sought in respect of paragraphs No.35 and 38(i) of order dated 17.11.2023, it will be relevant to reproduce the said paragraphs, which read as under:-

    “35. Since, the award grants right to the State to resume and take possession of the property immediately on non-compliance of the obligation by claimant No. 1 within the stipulated period and such option has been reserved in favour of claimant No. 2, it is for claimant No. 2 to decide on its option and in case it so desires, it is free to resume and take possession of the pr

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