Plea against removal of encroachments on Roshni land in Jammu & Kashmir withdrawn: Supreme Court

The Supreme Court has refused for entertaining the plea against the circular by the Jammu and Kashmir government directing all Deputy Commissioners to remove encroachments on Union Territory land, including Roshni land and Kachharie land, by January 31.

A bench comprising of Justice MR Shah and Justice BV Nagarathna were not convinced with the argument of the petitioners that despite the Jammu & Kashmir State Land (popularly known as the Roshni Act) being repealed, their ownership rights persisted.

The Court said that the Act has been repealed and once the Act has been repealed, where is the question of savings clause?

The bench orally said that if the Court granting relief to those continuing to occupy the land, can have larger repercussions.

The Court said that incase it protects their possession, it will affect the entire J&K encroachment,however the court can certainly grant reasonable time to relocate.

The petitioner eventually sought to withdraw the petition and was allowed to do so by the Court.

During the previous hearing, the bench had advised the petitioners to restrict their prayers to status quo rather than a blanket stay on the circular.

“If stay (of order) granted then it will benefit land grabbers also,” Justice Shah had remarked.

In 2001, the Jammu & Kashmir government enacted the Roshni Act for granting ownership of state land to unauthorised occupants in order to raise funds for power projects in the erstwhile State.

A Division Bench of Justices Gita Mittal and Rajesh Bindal of the High Court in October 2020, had declared the Act unconstitutional. All acts done under it as well as amendments under the Act were subsequently declared void ab initio.

The Court had ordered probe by Central Bureau of Investigation (CBI) into the Roshni land scam case, stated to be the biggest ever in the history of the ertswhile State.

The Government of Jammu And Kashmir had then moved the High Court for a review on the same. Appeals were also filed against the High Court judgment before the Supreme Court.

Although several review petitions challenging the High Court judgment remain pending, the Union Territory, on January 9 this year, had directed all deputy commissioners to remove encroachment on such land by January 31, 2023.

The residents were told to either demolish the structures on their own or bear the expenses for the demolition.

The Supreme Court had, earlier this week, agreed to list the urgent application seeking a stay on the circular. Justice Sanjiv Khanna had earlier recused from hearing the matter.

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