Himachal Pradesh High Court stays shifting of RERA office from Shimla to Dharamshala

Shimla (The Uttam Hindu): The Himachal Pradesh High Court has taken a strict view of the state government’s decision to shift the Real Estate Regulatory Authority (RERA) office from Shimla to Dharamshala and has continued the final stay on the transfer order. During the hearing, the court was informed that nearly 80 percent of the real estate projects registered under RERA in Himachal Pradesh are concentrated in Solan, Shimla and Sirmaur districts. In contrast, Kangra district has only around 20 registered projects.

The bench observed that while assessing the administrative justification behind shifting the headquarters of a regulatory authority, the geographical distribution of registered projects is an important factor. In its reply, the state government disclosed that out of 43 sanctioned posts in RERA, only 36 employees are currently working. Of these, 19 are engaged on an outsourced basis. Taking note of the limited staff strength, the court remarked that shifting an institution with such a small workforce would not result in any substantial administrative benefit.

The bench further noted that if the RERA office is shifted to Dharamshala, developers would first have to visit the office there and then return to Shimla for other related approvals. This would make the process cumbersome and inconvenient for stakeholders.

The Advocate General defended the government’s decision, arguing that the move was aimed at reducing congestion in Shimla and promoting development in Kangra district. However, the court did not agree with this reasoning and held that, under the present circumstances, the transfer does not appear to serve any meaningful public or administrative purpose.