Supreme Court Allows Shifting Of Himachal Pradesh RERA Office From Shimla To Dharamshala
The Supreme Court today stayed the Himachal Pradesh High Court order, which restrained the State Government from shifting the Real Estate Regulatory Authority (RERA) office from Shimla to Dharamshala.
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 RERA office.
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 contended that there have been delays by the RERA in appointing a Chairman, and the decision to shift would create inconvenience for the majority of the stakeholders based in Shimla. He stressed that 90% of the properties and complaints were based in Shimla, while Dharamshala had only 20% properties overseen by RERA.
The bench agreed to issue notice in the matter and stayed the proceedings before the High Court.
Consequently, the Court has allowed RERA to continue with its decision to shift the office to Dharamshala. It also allowed the shifting of the appellate tribunal.
A Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj remarked that: “the interim order to continue, keeping in view the number of employees to be shifted to the projects, which are not even remotely linked to Kangra as it would be a humongous task for the developers as such to firstly co-ordinate with the RERA office at Dharamshala and then with the other offices which give necessary permissions which are placed at Shimla.”
The Court noted that the districts of Solan, Shimla and Sirmaur collectively account for 80% of RERA-registered projects in Himachal Pradesh, whereas there are only 20 projects in Kangra.
The petitioner contended that the decision was arbitrary, impractical, and would adversely affect real estate developers and stakeholders across the State.
Earlier, the Supreme Court had set aside the High Court stay on shifting the Himachal Pradesh Commission for Backward Classes from Shimla to Dharamshala.
Case Details :Case Details : THE STATE OF HIMACHAL PRADESH vs. NARESH SHARMA| SLP(C) No. 005835 - / 2026
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