The plea was withdrawn after the Court made it clear that the petitioners do not have any right under Roshni Act since the same has been struck down
Delhi, Jan 31: The Supreme Court on Monday refused to entertain a plea against a Jammu and Kashmir government circular directing all Deputy Commissioners to remove encroachments on Union Territory land, including Roshni land and Kachharie land, by January 31, Bar and Bench reported.
A bench of Justices MR Shah and BV Nagarathna was unconvinced with the argument of the petitioners that despite the Jammu & Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (popularly known as the Roshni Act) being repealed, their ownership rights persisted.
“You tell us what right you have.. not under Roshni Act – it has been struck down! …. The Act has been repealed. Once the Act has been repealed, where is the question of savings clause?”, the Court remarked.
The bench also orally observed that if the Court were to grant relief to those continuing to occupy the land, it could have larger repercussions.
“If we protect your possession, it will affect the entire J&K encroachment! At the most we can grant you reasonable time to relocate,” the Court said.
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 had enacted a law called the the Roshni Act for granting ownership of state land to unauthorised occupants in order to raise funds for power projects in the erstwhile State.
In October 2020, a Division Bench of Justices Gita Mittal and Rajesh Bindal of the High Court hadhad 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 also ordered a Central Bureau of Investigation (CBI) probe into the Roshni land scam case, stated to be the biggest ever in the history of the ertswhile State.
The Jammu & Kashmir government had then moved the high court to review the said ruling. At the same time, appeals were also filed against the High Court judgement before the Supreme Court.
Even as several review petitions challenging the High Court judgment were pending, the Union Territory, on January 9 this year, had directed all deputy commissioners to remove encroachment on such land by January 31, 2023.
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.
