Roshni Act Judgment: Jammu and Kashmir government orders removal of encroachment on Roshni Land by January 31

The Jammu and Kashmir government recently directed the removal of all encroachments on State Land, including Roshni Land and Kachharie land, by January 31, 2023, even as several review petitions challenging Roshni Act Judgment lie pending before the High Court of Jammu and Kashmir and Ladakh..A circular to this effect was issued by Commissioner Secretary to the Government, Revenue Department, Vijay Kumar Bidhuri (IAS) on January 9. The circular directs all Deputy Commissioners to remove encroachments to the "extent of 100%" on State Land, including Roshni Land. As per the circular, the decision was arrived at after a meeting held virtually last December. ."... it has been directed that all the Deputy Commissioner shall ensure that all encroachments on State Land including Roshni land and on Kachharie land are removed to the extent of 100% by 31st January 2023", the circular said..On a related note, a mention was also made on Monday morning before the Supreme Court seeking a stay on the notices issued to the occupants targeted by the circular..The matter can be traced to the enactment of a law by the Jammu and Kashmir government called the 'Jammu & Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001' (popularly known as the 'Roshni Act). .Given the difficulties that may be faced in recovering State land that were encroached on for long periods, the Roshni Act proposed the grant of ownership of such land to its unauthorized occupants on the payment of costs equivalent to the market rates prevailing in 1990. It was proposed that the funds so raised could be used to finance power projects in the State..In October 2020, a High Court division bench of Chief Justice Gita Mittal and Justice Rajesh Bindal struck down the Act as being unconstitutional. All acts done under the Roshni Act were also declared to be void ab initio by the High Court. Further, the High Court also ordered a Central Bureau of Investigation (CBI) probe in the matter..Roshni Act has worked to facilitate illegal vesting of State lands: J&K HC while ordering CBI probe into Roshni Land scam.The High Court judgment was challenged before the High Court and the Supreme Court. A three-judge Bench of the Supreme Court, in December 2020, refrained from hearing the matter right away after noting that review petitions against the Judgment had already been filed before the High Court. There cannot be parallel proceedings on the same subject matter, the top Court had noted..At the time, the Solicitor General of India, Tushar Mehta, appearing for the Jammu and Kashmir government, had also assured the Supreme Court that no coercive action will be taken against those who have approached the top court against the High Court verdict scrapping the Roshni Act..[Roshni Land Scam] "There cannot be parallel proceedings:" Supreme Court decides to wait for Jammu & Kashmir High Court to decide review petition.As per reliable sources, there are over 200 review applications pending in the High Court of Jammu and Kashmir and Ladakh challenging Roshni Act Judgment..Senior Advocate Zaffar Shah, appearing for one of the review petitioners, in the open court, had argued that the Roshni Act Judgment is required to be reviewed as the Court did not hear the affected persons..Senior Advocate PN Raina, appearing for another review petitioner, had submitted that his client, being an affected party, was never heard or given an opportunity to project his stance. Thus there is an error in the judgment which is required to be reviewed, Raina had contended. .[Read Circular]

Roshni Act Judgment: Jammu and Kashmir government orders removal of encroachment on Roshni Land by January 31

Mohsin Dar

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