‘All registrations executed as per law’: RERA defends JDA housing projects

In their reply, RERA officials mentioned about a detailed order issued by the Chief Secretary (Town & Country Planning (TCP) on November 6 last, wherein the chief secretary reportedly held that “no violation of Section 118 had taken place in the Chester Hill-2, Chester Hill-4 matter, because the Joint Development Agreement itself had subsequently become a ‘non-est’ document in the eyes of law”.

Referring to Para 21 of the Chief Secretary’s order, RERA clarified, “The TCP department had categorically observed that once the JDA stood cancelled, it became a non-est document which should not be considered by any authority for any purpose in future.

“The order reportedly stated that planning permissions for the project were required to be granted by the competent authority independently and that the cancelled JDA could not be treated as evidence of illegal transfer or possession of land. The TCP order further directed that the submissions made by promoter Hans Raj be considered legitimate and allowed, while the matter was also referred to a Technical Committee constituted for examining the issue.”

RERA further said that despite the November 6 order, it “doesn’t accept that there is no violation of Section 118 on the part of Chester Hill”. “So far, the claim that there is no violation of Section 118 on the part of Chester Hill is not accepted, because the matter is under consideration in suo-moto proceedings about the violations of Section 118 of the HP Land Reforms and Tenancy Act, 1972, the matter is still pending before the Solan District Magistrate,” RERA clarified.

“The JDA executed between Hans Raj Thakur as land owner and M/s Chester Hill as a JDA partner on June 2, 2022, between the parties was later cancelled through a Cancellation Deed dated January 15, 2025. Since the agreement had never been acted upon and stood cancelled, the Chief Secretary (TCP) observed that it ceased to have legal existence, and therefore, could not constitute a violation of Section 118,” the Regulatory Authority said.

When contacted, HP RERA Chairperson RD Dhiman said, “Whatever information we have, we supplied to the Additional Secretary (Housing) and to the State Vigilance Bureau. RERA has been working under the purview of the law. We are a professional authority. We don’t hide any facts. We informed them that Rule 3(f) of the HP Real Estate (Regulation and Development) Rules, 2017, allows registration of projects with JDA partners. A total of 17 projects to date have been registered with JDAs. In the case of 12 projects, JDA partners are agriculturists. However, projects registered where the JDA partners are non-agriculturists are only five.”

Dhiman further said, “All five pertain to the period before October 17, 2023, because the Principal Secretary (Revenue) had clarified on November 7, 2023, that the JDA partners also need to be agriculturalists. Out of these five, also, in respect of projects- Chester Hills-2 and Chester Hills-4, the Chief Secretary (TCP) vide order dated November 6 held that no violation of Section 118 took place and no Authority should consider the same since the JDA was a non-est document.”

Five JDAs where JDA partners were agriculturist/non-agriculturist arrangements, including Chester Hills-4, Residency Himalayas, Chester Hills-2, IGMC Doctors Cooperative Housing Society Ltd and Mashobra Hills.

Chester Hill background

Chester Hill is a private mega housing project registered in Solan district by the HP RERA in 2019.

The ongoing controversy, however, surrounds two extended parts of the project — Chester Hills-2 and Chester Hills-4 — which were approved by RERA in March and October 2023, respectively.

Former chief secretary Shrilkant Baldi was the RERA chairman from 2019 to 2023.

The land was purchased by agriculturist Hans Raj Thakur, a resident of Mandi district and his family members. He is listed as the promoter of the housing project.

Chester Hills-2 comprises five blocks with a total of 163 flats, while Chester Hills-4 has one block with 65 flats — jointly comprising 228 flats.

Chester Hill is a brand name promoted and executed by a real estate firm, NG Estate, with Sudershan Singla and Megh Raj as partners. They are the fathers of Aditya Singla and Arpit Kumar Garg, respectively, further partners in the firm Chester Hills.