RERA is just helping builders: Supreme Court

The Supreme Court has made very harsh remarks on the functioning of the Real Estate Regulatory Authority (RERA) during the hearing of a case on Thursday. The court said in clear words that RERA has now become only a means to save defaulter builders, hence it would be better to abolish it. The bench of Supreme Court Chief Justice (CJI) Surya Kant and Justice Joymalia Bagchi adopted a very strict attitude during the hearing.

The judges said that all the state governments should now think seriously as to for whom the institution named RERA was formed? Was it to protect the interests of the general public or to provide facilities to builders? CJI Kant said in his comment, "This institution is not doing anything else except providing facilities to defaulter builders. In such a situation, it would be better to abolish this institution completely."

Controversy over shifting office from Shimla to Dharamshala

This displeasure of the Supreme Court came to light during the hearing of a case in Himachal Pradesh. Actually, the dispute was regarding the decision of the Himachal Pradesh government, in which a notification was issued to shift the state's RERA office from Shimla to Dharamshala. An appeal was filed against this decision and the matter reached the Himachal Pradesh High Court.

Last year, the High Court had banned this notification of the state government. The High Court believed that the government had taken the decision to shift the office without identifying any alternative place. The High Court had also said in its order that it has been said that 18 outsourced employees will be accommodated in other boards and corporations, due to which the functioning of RERA will come to a complete halt. On the basis of these arguments, the High Court had put a stay on the notification of June 13, 2025.

Took care that the public does not face any problem

On Thursday, the Supreme Court overturned the decision of the High Court and gave a big relief to the state government. The apex court has given permission to the state to shift the RERA office from Shimla to Dharamshala. However, the court ensured that the general public or the people affected by the RERA orders do not face any problem in this process.

The bench directed that not only the RERA office but also the Appellate Tribunal should be shifted to Dharamshala so that people do not have to wander here and there for appeals. Senior advocate Madhavi Divan appeared on behalf of the state government. This is not the first time the Supreme Court has taken such a stance; Earlier, in a similar case, the court had also removed the High Court's ban on shifting the headquarters of Himachal Pradesh Backward Classes Commission from Shimla to Dharamshala.