Shimla, Feb 13,
Supreme Court clears Himachal Govt move to shift RERA, OBC Commission offices from Shimla.
A development impacting institutional functioning in Himachal Pradesh, the apex Court has stayed interim orders of the Himachal Pradesh High Court that had restrained the State Government from shifting the offices of the Real Estate Regulatory Authority (RERA) and the OBC Commission from Shimla to Dharamshala in Kangra district. https://main.sci.gov.in/case-status
The apex court’s intervention now permits the government to proceed with the proposed relocation, subject to the final outcome of the pending writ petitions before the High Court. Also read: Himachal HC questions RERA relocation, extends interim stay, admits petition
RERA relocation: Supreme Court issues notice, Grants interim relief
In Special Leave Petition, arising out of the High Court’s order dated December 30, 2025 in CWPIL No. 38/2025, a Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi granted interim relief to the State.
As per the official order dated February 12, 2026, the Court recorded, “ Issue notice, returnable on 06.04.2026.”
The Bench further directed, “In the meantime, operation of the impugned order shall remain stayed.”
Granting liberty to the State, the Court said, “The State is permitted to shift the office of RERA to the place of its choice; however, this shall be subject to the final outcome of the writ petition pending at the High Court.”
To address concerns regarding access to appellate remedies, the Court made an additional direction, “With a view to ensure that the persons affected by the orders of RERA are not caused any inconvenience to visit Shimla for the purpose of filing their appeals, it is further directed that the appellate powers may be shifted from the Principal District Judge, Shimla to the Principal District Judge, Dharamshala.”
The matter has been made returnable on April 6, 2026.
During the hearing, the Chief Justice is also understood to have made broader observations on the functioning of RERA authorities across states, indicating that if such bodies fail to effectively regulate defaulting builders, their institutional utility may need reconsideration. During arguments in a verbal direction court also mentioned that the State should revisit shifting of such offices.
OBC Commission case: Policy domain observation
In a separate Special Leave Petition taken up on February 9, 2026 concerning the shifting of the OBC Commission office, the Supreme Court similarly stayed the High Court’s interim order that had halted the relocation.
The Bench observed that decisions relating to shifting of government offices are essentially matters of policy and ordinarily fall within the executive domain. At the same time, it clarified that the High Court would be at liberty to examine the legality of the State’s decision after considering the government’s detailed reply.
Background
The Himachal Pradesh Government had approached the Supreme Court challenging the High Court’s interim restraints on relocation of the two offices. The High Court had earlier intervened in response to petitions questioning the administrative decision to shift the institutions from Shimla to Dharamshala.
With the Supreme Court’s interim stay now in force, the State government is legally empowered to proceed with the relocation exercise, though the final legality of the decision will ultimately depend on adjudication of the writ petitions pending before the High Court.
The next hearing before the Supreme Court in the RERA matter is scheduled for April 6, 2026.
About the Author
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