HP High Court Expresses Dissatisfaction Over Delay in RERA Appointments, Defers Hearing
Shimla – The Himachal Pradesh High Court expressed dissatisfaction with the state government’s response to the delay in appointing Chairman and Members to the Himachal Pradesh Real Estate Regulatory Authority (RERA). The bench, comprising Chief Justice GS Sandhawalia and Justice Ranjan Sharma, has deferred the hearing on the matter to May 26, 2025.
The issue arose after the Under Secretary (Housing) submitted an affidavit explaining the delay in the appointment process. The affidavit, however, failed to satisfy the court, which emphasized that according to Rule 18(5) of the Himachal Pradesh Real Estate (Regulation and Development) Rules, 2017, the state government is legally obligated to appoint the individuals recommended by the Selection Committee within 30 days of receiving its recommendations. These recommendations were forwarded to the state government on March 13, 2025.
In their observations, the judges pointed out that the state government’s affidavit indicated a violation of this statutory provision, and the explanation given by the Under Secretary was insufficient. The court expressed its concerns over the lack of a formal affidavit from the Secretary confirming the government’s commitment to complying with Rule 18(5) without further delay. “At least, the Secretary should have furnished an affidavit stating that adherence to the rule will be done at the earliest,” said the bench.
The state’s justification for the delay focused on ongoing discussions regarding the potential relocation of the RERA office from Shimla to another location. The government argued that the final decision on the appointments would be tied to the resolution of these administrative matters. However, the court was not swayed by this explanation, calling it inadequate in light of the statutory timeline.
As the case continues, the court’s concern underscores the importance of adhering to legal timelines, particularly when it involves the efficient functioning of regulatory bodies like RERA, which plays a pivotal role in the real estate sector. With the next hearing scheduled for May 26, all eyes will be on whether the state government can provide a satisfactory response and expedite the appointments to RERA.
This development adds to the growing scrutiny over the state’s commitment to fulfilling its regulatory obligations and ensuring that public services function in a timely manner.
