Supreme Court RERA order creates uncertainty over Himachal appeals, Jurisdiction unclear
Shimla, April 9,
An order passed by the Supreme Court of India in SLP (C) No. 5835/2026 (State of Himachal Pradesh vs Naresh Sharma) has created uncertainty over the RERA appellate mechanism, in light of the existing statutory arrangement notified by the State government.
The Supreme Court, while issuing notice in the matter, has directed that the operation of the impugned judgment of the High Court shall remain stayed. The Court has further permitted the State to shift the office of RERA to a place of its choice, subject to the final outcome of the writ petition pending before the High Court. Additionally, with a view to ensure that affected persons are not inconvenienced in filing appeals, it has been observed that the appellate powers may be shifted from the Principal District Judge, Shimla, to the Principal District Judge, Dharamshala .
However, as per a gazette notification issued by the State government on 8 October 2020, the appellate jurisdiction in RERA matters does not vest within the State. The notification, issued under Section 43(4) of the Real Estate (Regulation and Development) Act, 2016, confers jurisdiction upon the Haryana Real Estate Appellate Tribunal at Karnal to hear appeals arising from orders of the Himachal Pradesh RERA Authority and the Adjudicating Officer.
In view of this notified legal position, the reference in the Supreme Court’s order to shifting appellate powers within Himachal Pradesh—from Shimla to Dharamshala—appears to be inconsistent with the prevailing statutory framework, thereby giving rise to uncertainty regarding the appropriate forum for adjudication of appeals.
Also read:Supreme Court clears Himachal Govt move to shift RERA, OBC Commission offices from Shimla
According to lawyers appearing in RERA matters before the appellate forum, the prevailing ambiguity has had an immediate bearing on proceedings, with appellate matters reportedly not being taken up in the absence of clarity following the Supreme Court’s directions. While no formal communication has been issued in this regard, the situation is understood to have resulted in a temporary disruption in the appellate process.
Legal opinion suggests that the issue may stem from an apparent procedural ambiguity or lack of reference to the existing notification governing appellate jurisdiction. Any rectification or clarification would require appropriate steps to be taken by the State, either by seeking appropriate directions from the Supreme Court or by issuing necessary administrative instructions in conformity with the statutory scheme.
Until such clarification is effected, the position remains uncertain, with implications for stakeholders seeking appellate remedies under the RERA framework in Himachal Pradesh.
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