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Showing posts with the label Himachal High Court

Himachal Pradesh Government Declared Sole Owner of Wildflower Hall

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The Himachal Pradesh High Court, in a significant judgment delivered on October 14, 2025 , upheld the state government’s complete ownership of Mashobra Resort Limited (MRL) —the joint venture that once co-owned the prestigious Wildflower Hall property with East India Hotels (EIH) , part of the Oberoi Group . The verdict marks the end of a nearly three-decade legal battle between the state and the EIH Group, affirming the government’s exclusive rights over the property, assets, and profits associated with the luxury resort. Court Ruling: State Declared Sole Owner of Mashobra Resort Limited According to the Himachal Pradesh High Court’s order , the entire ownership of the joint venture company (MRL) and its assets now rest with the Himachal Pradesh government . The court declared that: The bank balance of approximately ₹320 crore belonging to the joint venture company would be transferred to the state . An additional ₹25 crore is to be paid to the state as per an arbitra...

Himachal High Court Bans Use of Temple Funds for Government Welfare Schemes

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In a significant ruling reinforcing the separation of religion and state finances, the Himachal Pradesh High Court has prohibited the state government from utilising temple donations for public welfare or non-religious schemes. The decision, delivered by a Division Bench of Justice Vivek Singh Thakur and Justice Rakesh Kainthla , marks an important precedent for protecting religious endowments and ensuring accountability in temple administration. The Case: Petition for Transparency and Religious Autonomy The order came while disposing of a petition filed by Kashmir Chand Shadyal , who sought strict compliance with the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 . The petitioner raised concerns that donations made by devotees to temples were being diverted toward general government welfare schemes — a move that, he argued, violated both the intent of the Act and constitutional principles protecting religious freedom. The court agreed, ru...

Himachal Pradesh High Court Declares Encroachment Regularisation Law Unconstitutional

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Section 163-A of HP Land Revenue Act Struck Down In a landmark decision, the Himachal Pradesh High Court has declared Section 163-A of the Himachal Pradesh Land Revenue Act as unconstitutional , citing it as violative of Article 14 of the Indian Constitution . This section, introduced in 2002 , aimed to regularise encroachments on government and forest lands across the state. The ruling was issued in a Civil Writ Petition that had been pending for over two decades and was reserved for judgment since May 2025 . The bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi held that the provision was arbitrary , discriminatory , and ultra vires the Constitution.

Himachal Pradesh HC Slams State Over RERA Delay and Extension of Chief Secretary: Legal, Constitutional and Ethical Ramifications

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Judicial Rebuke: Himachal Pradesh High Court Pulls Up the State Government On June 7, 2025, the Himachal Pradesh High Court delivered a sharp reprimand to the state government over two controversial issues: the prolonged delay in appointing officials to the Real Estate Regulatory Authority (RERA) and the controversial six-month extension granted to Chief Secretary Prabodh Saxena , who is currently facing a pending charge sheet in the INX Media scam . During the resumed hearing of a Public Interest Litigation (PIL) filed by Atul Sharma , the division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma imposed a monetary penalty on the state and directed the amount to be deposited with the Himachal Pradesh High Court Bar Association by June 25 . Timeline of Delay and Court’s Frustration The delay in notifying appointments to the RERA body has now been termed by the Court as a case of “administrative apathy” . The bench condemned the state for ...