Himachal Pradesh Passes RERA Amendment Bill Despite Opposition Protests

DHARAMSHALA | SHIMLA: The state assembly of Himachal Pradesh passed the Real Estate (Regulation and Development) Himachal Amendment Bill on Wednesday, despite strong protests and a walkout by the opposition. The bill seeks to make significant changes to the current structure of the Real Estate Regulatory Authority (RERA).

Currently, the high court chief justice is the chairperson of the committee that recommends the members and chairperson of RERA. The new bill proposes to replace the chief justice with the chief secretary for this role. It also introduces a fixed four-year non-renewable tenure for the chairpersons and members, as opposed to the existing five-year term, subject to the age limit of 65 years.

The Bharatiya Janata Party (BJP) MLAs left the House before the bill was passed, leading to its passage in the absence of the opposition. The amendment will come into effect after receiving the assent of the President.

During the debate, Leader of Opposition Jai Ram Thakur and BJP MLAs Randhir Sharma and Trilok Jamwal strongly opposed the bill. They demanded its withdrawal, arguing that RERA is a central act and the state government does not have the authority to amend it. Thakur pointed out that the act is in the concurrent list, and the Supreme Court had ruled in 2021 that there should be no interference in constitutional institutions.

Sharma questioned the necessity of the bill, while Trilok Jamwal challenged the government's intent to remove the chief justice as the chairman of the committee. Chief Minister Sukhvinder Singh Sukhu defended the bill, stating that any reputable public figure with relevant experience can be appointed as the chairperson of the committee. He emphasized that the state government has the right to make amendments to rules under the concurrent list.

Sukhu also recalled that the former BJP government had amended the NDPS and Factory Acts during its tenure, and that the current government respects the high court and honors its decisions. Town and Country Planning Minister Rajesh Dharmani accused the opposition of trying to politicize the issue for personal gain.

The passage of this bill marks a significant change in the regulatory framework for the real estate sector in Himachal Pradesh, with potential implications for the development and oversight of real estate projects in the state.