Appellate Powers Transferred to Dharamshala for Enhanced Convenience Amidst Ongoing Legal Proceedings
In a significant development, the Supreme Court of India has permitted the State of Himachal Pradesh to relocate the office of the Real Estate Regulatory Authority (RERA) to a location of its choice. The decision comes amidst legal proceedings, with the final outcome subject to a pending writ petition in the High Court. The move aims to streamline operations and enhance accessibility for stakeholders involved in real estate matters.
The judgment was delivered by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, addressing the Petition(s) for Special Leave to Appeal (C) No(s). 5835 of 2026. The decision, dated February 12, 2026, marks a pivotal point in the ongoing legal discourse surrounding the operational logistics of RERA in Himachal Pradesh.
Recognizing the inconvenience faced by individuals affected by RERA orders, the Court has also directed a shift in appellate jurisdiction from the Principal District Judge in Shimla to the Principal District Judge in Dharamshala. This change is intended to mitigate travel burdens and ensure more accessible legal recourse for appellants.
The Supreme Court has issued a notice, returnable by April 6, 2026, while staying the operation of the impugned order in the interim. This strategic relocation and redistribution of judicial responsibilities reflect an effort to balance administrative efficiency with the practical needs of the citizens and stakeholders involved.
Legal representatives for the petitioners, including Senior Advocates Ms. Madhavi Divan and Mr. Anup Rattan, along with the Additional Advocate General Mr. Vaibhav Srivastava, argued for the State's discretion in relocating RERA’s office. The respondents, represented by Senior Advocate Mr. Abhinav Mukherji, countered with concerns regarding the implications of such shifts on ongoing legal processes.
The decision underscores the judiciary's role in adapting administrative frameworks to better serve public interest while maintaining legal integrity. As the writ petition continues in the High Court, stakeholders in the real estate sector will be keenly observing the implications of these changes on regulatory practices and appeals.
Bottom Line:
State permitted to shift the office of RERA to a place of its choice, subject to the final outcome of the writ petition pending at the High Court. Appellate powers shifted from Principal District Judge, Shimla to Principal District Judge, Dharamshala to ensure convenience for affected persons.
Statutory provision(s): Real Estate (Regulation and Development) Act, 2016
State of Himachal Pradesh v. Naresh Sharma, (SC) : Law Finder Doc id # 2852776
