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HP govt rushes to appoint RERA chairman, HC issues notice on plea to waive Rs 5 lakh penalty

Shimla, June 26 (UNI) Under pressure from the Himachal Pradesh High Court, the Sukhu government made a last-minute move to notify the appointment of the Chairperson and a Member of the Himachal Pradesh Real Estate Regulatory Authority (HP RERA), just a day before the court’s compliance deadline.
However, the High Court yesterday did not immediately waive the Rs 5 lakh penalty imposed earlier for the delay and instead issued notice to the petitioner on the state’s request to recall the cost order.
The development came during the hearing of Public Interest Litigations (CWPIL Nos. 26 and 38 of 2025) concerning both the prolonged vacancy in HP RERA and the controversial extension of Chief Secretary Prabodh Saxena, who is facing a criminal case.
A division bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma noted the state government’s compliance with its June 20 order — by appointing R.D. Dhiman, former Chief Secretary and Chief Information Commissioner, as RERA Chairperson, and Amit Kashyap, retired IAS, as Member.
The appointments were notified on June 24, narrowly meeting the court’s directive that action be taken before June 25, or the Chief Secretary would have to appear in person.
Citing this compliance, the state filed an application (CMP No. 14353 of 2025) seeking modification of the earlier order and waiver of the Rs 5 lakh cost imposed on it.
However, instead of deciding on the plea, the bench issued notice to the petitioner’s counsel, asking them to file a reply before the next date.
“Notice Kush Sharma, learned counsel accepts notice on behalf of the non-applicant and prays for time to file a reply,” the order records.
This means the penalty still stands, and the court would decide whether to waive it only after hearing both sides on July 23, the next date of hearing.
Thus, the matter remains under judicial consideration, and waiver is neither granted nor denied at this stage.
Meanwhile, in the connected matter, the court observed that while the replies of the state government and Chief Secretary Saxena have been filed and taken on record, the Centre’s response is yet to be traced and placed formally.
The PIL alleges that Saxena’s extension violated service rules and concealed a pending CBI chargesheet.
The High Court's continued scrutiny keeps the spotlight on the Sukhu government’s handling of statutory appointments and service extensions, with further legal proceedings set to shape the outcome.
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