Delay in RERA chief appointment shows govt's ‘mala fide' intent: Himachal HC
The delay in appointment of Real Estate Regulatory Authority (RERA) chief and members was with a 'mala fide purpose', observed the Himachal Pradesh high court while hearing a public interest litigation on the delay in these appointments. RERA was rendered headless after the post of chairperson had fallen vacant in December last year, following retirement of Shrikant Baldi. (Getty Images/iStockphoto)
Pulling up the state government over the delay, on Friday, the high court directed it to issue notification for the post of chairman and other members by June 25. The court has also imposed a fine of ₹ 5 lakh on the government.
'....after the recommendation was sent, the office of RERA has been relocated to Dharamshala on June 13, 2025, without even identifying the alternative office place. We are also of the prima facie opinion that the whole purpose of dragging of the appointments and shifting the HQ of RERA is with a mala fide purpose and at this stage, we do not wish to say anything more,' read the order of division bench of chief justice Gurmeet Singh Sandhawalia and justice Ranjan Sharma on Friday, the copy of which was made available on Saturday.
RERA was rendered headless after the post of chairperson had fallen vacant in December last year, following retirement of Shrikant Baldi.
'....sequence of events would go on to show that the state government is dragging its feet for not notifying the appointment of chairperson and the members,' observed the HC, while directing the state to issue notification regarding the appointments by June 25, failing which the chief secretary shall come present on the said date.
In the detailed order high court pointed out that the issue had first cropped up on May 9, when a PIL filed by Atul Sharma, challenging the extension of six months granted to Prabodh Saxena as Himachal's chief secretary, who was also one of top-runners for the post of HP RERA chairperson. The order mentioned that 'Office of chief justice has also received a large number of representations that the appointment of chairperson and members, as such are not being notified and therefore, judicial notice also be taken of the same.'
The recommendations of selection committee headed by the HP high court chief justice with the secretary (urban development), and secretary (law) as its members regarding appointment of RERA chairperson and members was sent by the registrar general of high court on March 13, and as per the Rule 18(5) of Himachal Pradesh Real Estate [Regulation and Development] Rules, 2017, the selection process has to be time bound.
During the earlier hearing of the PIL, the state government was asked to file affidavit giving 'Specific reason that the state has withheld the recommendations of the selection committee.' The state government had cited 'relocation of RERA office to Dharamshala, district Kangra, which was on the basis of a policy decision', as reason for delay in appointment while admitting that 'State government is under the obligation as per the rules to appoint the chairperson and members.'
The state government through a status report on Friday had informed the high court that by notification dated June 19, 'that only one Member has been appointed namely Vidur Mehta', and the process of appointment of other members and the chairperson is currently under consideration and is in process.
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