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Himachal Assembly Passes RERA Amendment Bill After Heated Debate, BJP Walks Out

The Himachal Pradesh Assembly passed a contentious amendment to the RERA selection process, replacing the Chief Justice with the Chief Secretary as head of the selection committee. The move sparked strong Opposition protests and a BJP walkout, setting the stage for a potential legal clash.

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BJP MLAs staged a walkout. - Photo: Diary Times
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The Himachal Pradesh Vidhan Sabha on Wednesday witnessed a tense and confrontational session as it cleared a Bill amending the selection process for appointing the Chairperson and Members of the Real Estate Regulatory Authority (RERA). The amendment replaces the Chief Justice of the High Court with the Chief Secretary as the head of the three-member selection committee, drawing sharp criticism from the Opposition.

Under the revised structure, the Chief Secretary will serve as Chairperson of the committee, with the Housing Department Secretary as Member-Convener and the Law Secretary as Member. A new clause also provides that if the Chief Secretary is an applicant or faces a conflict of interest, an Additional Chief Secretary or another senior Secretary with substantial administrative experience may lead the panel.

Opposition leader Jai Ram Thakur condemned the amendment as an attempt to dilute the framework established under the Real Estate (Regulation and Development) Act, 2016. He argued that the Central Act specifies the Chief Justice of the High Court as the head of the selection committee—a provision uniformly followed across states. Replacing a judicial authority with a senior bureaucrat, he warned, could compromise RERA’s independence and create unnecessary friction with the judiciary.

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Thakur cited a Supreme Court judgment, asserting that states are barred from altering the selection mechanism mandated by the Central law. BJP MLAs Rakesh Jamwal and Randhir Sharma questioned the rationale behind changing the rules when RERA appointments were made recently. Jamwal contended that only the Central Government has the authority to frame rules for the selection process, while Sharma alleged that the amendment was an attempt to bring an autonomous authority under executive influence.

Chief Minister Sukhvinder Singh Sukhu dismissed the allegations, insisting that RERA falls under the Concurrent List, giving states the power to introduce amendments. His retort to Thakur — “aapne law nahi pada” — sparked uproar from the Opposition. Shortly thereafter, the BJP staged a walkout.

With the Opposition absent, Town and Country Planning Minister Rajesh Dharmani urged the House to pass the Bill, which was subsequently approved unanimously by voice vote. The move now sets the stage for a likely legal and political confrontation in the days ahead.

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