Himachal HC questions RERA relocation, extends interim stay, admits petition
Shimla, Jan 1,
The Himachal Pradesh High Court has admitted a petition challenging the relocation of the Real Estate Regulatory Authority (RERA) office from Shimla to Dharamshala, observing that such a move could create operational hardships for developers and that the State should reconsider shifting only “small institutions” with limited staff.
During the hearing of the public interest litigation (CWPIL No. 38 of 2025), the Division bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj noted from the record that “against the 36 employees posted against the sanctioned strength of 43, 19 are outsourced employees,” indicating a relatively small organizational footprint.
Significantly, the Court pointed out that the concentration of real estate projects does not justify such a shift, remarking that “the districts of Solan, Shimla and Sirmaur collectively account for 80% of RERA-registered projects in Himachal Pradesh, whereas, for Kangra, there are only 20 projects.”
The State government defended its policy decision, arguing that District Kangra is being developed and the relocation will help “de-congest Shimla town.” However, the Bench expressed reservations over the practical implications for stakeholders. The order states that coordinating between the RERA office at Dharamshala and other necessary departments still located in Shimla would be “a humongous task for the developers.”
The Bench further observed that the number of employees to be shifted is “minuscule” and suggested that “the State can be well advised to shift its larger offices having regular employees rather than targeting the small institutions.”
Holding that “the matter requires consideration,” the Court ordered that the interim stay on the transfer of office will continue and proceeded to admit the petition for further hearing.
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