RERA
Better to abolish RERA as it is only facilitating builders in default - SC
This story was originally published at 13:36 IST on 12 February 2026
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NEW DELHI – The Supreme Court Thursday observed that it was better to abolish the institution of the Real Estate Regulatory Authority as it was doing nothing but facilitating real estate builders in default. All states should now think of the people for whom the institution of the Real Estate Regulatory Authority was created, said the bench, led by Chief Justice of India Surya Kant.
This isn't the first time Chief Justice Kant has made remarks against the Real Estate Regulatory Authority. In 2024, he had said the Real Estate Regulatory Authority had become a rehabilitation centre for former bureaucrats, who have frustrated the entire scheme of the Real Estate (Regulation and Development) Act, 2016.
Similarly, last year, Justice Kant had said that the functioning of the Real Estate Regulatory Authority to protect the investments of homebuyers as well as promote the real estate sector was "disappointing". He had, however, said there would be resistance from states to new regulatory measures.
On Thursday, the top court allowed the Himachal Pradesh government to shift the office and also the appellate tribunal of the Real Estate Regulatory Authority to Dharamshala from Shimla. It was hearing an appeal from the state government against the Himachal Pradesh High Court's order to stay the government notification to shift the establishment to Dharamshala.
The high court had passed the order after noting that no alternative building has been identified for shifting the authority's office. Further, the high court said that the districts of Solan, Shimla and Sirmaur collectively accounted for 80% of Real Estate Regulatory Authority registered projects in Himachal Pradesh, whereas, for Kangra district, wherein Dharamshala is situated, there were only 20 projects.
The state government had said that it was a policy decision and that the office space had been identified, an aspect that can always be considered when the matter is taken up for final hearing. The state government argued that Kangra district was sought to be developed and, therefore, the office of regulatory authority had rightly been shifted under a policy decision in order to decongest Shimla town. End
Reported by Surya Tripathi
Edited by Avishek Dutta
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