HC dissatisfied with state’s reply on RERA appointments, defers hearing

Dissatisfied with the affidavit filed by the Under Secretary (Housing) regarding the delay in the notification of the appointments of Chairman and Members to the Himachal Pradesh Real Estate Regulatory Authority (RERA), the HP High Court has deferred the hearing on the issue to May 26.

While deferring the hearing, a Division Bench comprising Chief Justice GS Sandhawalia and Justice Ranjan Sharma observed that “as per Rule 18(5) of the Himachal Pradesh Real Estate (Regulation and Development) Rules, 2017, the state government has a bounden duty to appoint persons recommended by the Selection Committee within 30 days from the date of the receipt of its recommendations on March 13, 2025.”

The court observed that “the perusal of the affidavit thus will go on to show that there has been a violation of the statutory provisions. We are not satisfied with the explanation given by the Under Secretary (Housing) to the Himachal Government. At least, the Secretary should have furnished the affidavit that the compliance and adherence as such of Rule 18(5) of the Rules will be done at the earliest.”

In terms of the order passed by the court on May 19, the Under Secretary (Housing) to the Himachal Government has filed an affidavit as to why there has been a delay in the notification of appointments in RERA.

The state has given an excuse for the delay that the matter remained pending on account of the state government’s ongoing deliberations regarding the proposed relocation of the HP RERA office from Shimla city to an alternative location and the final decision on the appointment is likely to align with the outcome of the said administrative considerations.

However, during the course of hearing, it was brought to the notice of the court that as per the Sub Rule (4) of Rule 18, the Selection Committee had to make its recommendations to the government within 60 days from the date of reference made under sub-Rule (1).

Apparently, the Selection Committee adhered to the strict statutory guidelines. The court passed the aforesaid order on a petition filed by Atul Sharma seeking the quashing of the extension given to Prabodh Saxena, Chief Secretary, on the ground that it was given in clear violation of the Central Services Rules and the guidelines of the Department of Personnel and Training.

Himachal Tribune