High Time States Rethink Constituting RERA, Benefits Only Defaulting Builders : CJI Surya Kant

Chief Justice of India Surya Kant on Thursday expressed disappointment with the functioning of Real Estate Regulatory Authority (RERA) in many States, saying that it was high time the States revisited the decision to constitute them.

"It is high time that all the states should revisit and rethink constituting this authority," CJI Surya Kant said.

The CJI further remarked that the RERA was not doing any other services except to facilitate builders in default.

"Except facilitating builders in default, it is not doing anything else. Better to just abolish this institution", the CJI added. 

The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing the plea by the state of Himachal Pradesh against the order of the HP High Court, staying the decision of the State Government to shift the Real Estate Regulatory Authority (RERA) office from Shimla to Dharamshala.

Sr Advocate Madhavi Divan, appearing for the State of Himachal Pradesh, informed that the PIL in question has been filed by a property dealer. 

The Counsel for the respondent argued that the credentials of the petitioner are disclosed before the High Court, and the High Court could discharge him as the petitioner and appoint an amicus to consider the issue, which is in line with the norms of the Court. 

The counsel also pointed out that there been delays by the RERA in appointing a Chairman, the decision of shifting would create inconvenience for the majority of the stakeholders based in Shimla. He stressed that 90% of the properties and complaints were based out Shimla, while Dharamshala had only 20% properties overseen by RERA. 

 Ultimately, the Supreme Court stayed the High Court's decision, and permitted the shifting of the RERA office to Dharamshala.

Case Details : THE STATE OF HIMACHAL PRADESH vs. NARESH SHARMA| SLP(C) No. 005835 - / 2026