Himachal HC pulls up Sukhu govt over delay in appointing of RERA chief

Hindustan Times

21-06-2025

The Himachal Pradesh high court (HC) on Friday pulled up the state government over delay in appointment of the Real Estate Regulatory Authority (RERA) chief and asked it to issue notification for the post of chairman and other members by June 25. The court asked the state government that the notification for the posts of RERA chairman and its member must be issued by June 25, warning that the state's conduct appeared to be a deliberate attempt to stall justice. (File)
The court verbally announced a fine of ₹ 5 lakh on the government for the delay. The detailed order is awaited.
The directions were issued by the division bench of chief justice Gurmeet Singh Sandhawalia and justice Ranjan Sharma during the resumed hearing of a public interest litigation (PIL) regarding delay in appointments of RERA chief and members.
The court asked the state government that the notification for the posts of RERA chairman and its member must be issued by June 25, warning that the state's conduct appeared to be a deliberate attempt to stall justice.
'The government is playing hide and seek—first citing the shifting of RERA headquarters to Dharamshala— and now delaying appointments under the pretext of procedural issues,' the bench said. The court also expressed regret that despite being asked on May 9 whether appointments had been notified, the government had failed to act decisively.
During Friday's proceedings, the government submitted that Vidur Mehta, an architect, has been appointed as a RERA member and the remaining appointments were 'under process'. Founding the explanations 'unsatisfactory', the court observed that repeated excuses reflected administrative apathy.
The PIL filed by Atul Sharma has sought quashing of extension given to Prabodh Saxena as chief secretary of the state government on the grounds that it was given in clear violation of the Central Services Rules and guidelines of Department of Personnel & Training (DoPT). Saxena was considered front-runner for the post of RERA chairperson which had fallen vacant in December last year after retirement of then chairperson Shrikant Baldi.
Saxena faces chargesheet in the infamous INX Media scam, in which then Union finance minister P Chidambaram and his son Karti are also named as accused.
The petitioner informed the court that the special judge, anti-corruption court, Rouse Avenue, New Delhi, had taken cognisance of the chargesheet on October 21, 2019. The CBI had also reaffirmed the pendency of the case through a letter dated January 23, 2025
The petition argued that vigilance clearance cannot be granted to an officer who is an accused in a corruption case under the Prevention of Corruption Act.
In May, HC had sought an affidavit from state government over 'specific reason that the state has withheld the recommendations of the selection committee'. 'Keeping in view the larger public interest, if the appointment has not been notified, affidavit be filed as to why it has not been done and what is the specific reason that the state has withheld the recommendations of the Selection Committee,' said the division Bench, comprising chief justice GS Sandhawalia and justice Ranjan Sharma on May 9, while directing the state government to file an affidavit.
The high court clarified that the matter concerning interim relief against Saxena's extension would be considered on June 25, when the petition comes up for hearing again.
Leader of opposition and former chief minister,Jai Ram Thakur, said, 'Even high court-recommended appointments are facing delays. RERA is being shifted to Dharamshala under suspicious circumstances.'