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Tag: Roshni

  • Azad Promises To Revive Roshni Act If Voted To Power

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    SRINAGAR: Former Jammu and Kashmir Chief Minister Ghulam Nabi Azad, who is also the chairperson of the Democratic Progressive Azad Party (DPAP), has announced that if his party wins the upcoming assembly elections, he will bring back the Roshni Act in the Union Territory. The Act, which provides ownership rights to occupants, was initially passed in 2001 by the National Conference government but was repealed in 2018 by the then-governor Satya Pal Malik.

    Addressing a rally at Larnoo Kokernag, Azad expressed his concern over the economic crises in Jammu and Kashmir and said that his aim is to build the region as a welfare state, where the economy grows to the extent that people are willing to pay taxes themselves. He emphasized that the poor are being crushed with rising electricity bills, water charges, and property taxes.

    The Roshni Act, officially known as the Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001, was modified during Azad’s tenure from 2005 to 2008. However, in 2014, the Comptroller and Auditor General’s (CAG) report revealed that many political persons from different parties had benefited from the Act. Consequently, in November 2018, the Act was repealed by the then-governor.

    Despite the Act being declared illegal, unconstitutional, and unsustainable by the High Court of Jammu and Kashmir and Ladakh on October 9, 2020, Azad has reiterated his commitment to bring back the Roshni Act. He believes that this law will help build a better future for the people of Jammu and Kashmir.

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    ( With inputs from : kashmirlife.net )

  • Plea In SC Against Removal Of Encroachments On Roshni Land In JK Withdrawn

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    SRINAGAR: 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, reported BarAndBench.

    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the Jammu & Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (popularly known as the Roshni Act) being repealed, their ownership rights persisted.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 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 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 judgment 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.

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    ( With inputs from : kashmirlife.net )

  • SC Asks J&K To Not Demolish Houses In Roshni Land; Refuses To Stay Govt Order For Removal Of Encroachments

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    SRINAGAR: On Friday, the Supreme Court of India refused to stay a circular issued by Jammu & Kashmir government directing deputy commissioners to remove encroachments on State Land including Roshni Land and Kachharie land by January 31, 2023, reported LiveLaw.in.

    A bench of Justices MR Shah and CT Ravikumar, though expressed its disclination in not passing an order today, it orally asked the Union Territory to not demolish any houses.

    “We are not passing any order today. You instruct them orally not to demolish any houses. But we will not grant a general stay…. others should not get benefit,” the bench orally told the counsel of J&K, according to report published in Livelaw.in.

    During the hearing, the advocate for the petitioner argued that many tribals are residing on the land and took the Court through the reliefs prayed for.

    “If stay is granted then it will benefit land grabbers also?”, Justice Shah asked.

    The counsel appearing for the Union Territory clarified that the circular is mainly focused on the Roshni land. He also questioned the locus of the applicants.

    “The Application was served on me yesterday. It does not even mention that the applicants live there”, he pointed out while adding that the said land only had shops and such establishments.

    The Court then adjourned the matter. The matter was mentioned before the Chief Justice DY Chandrachud, earlier this week.

    The Jammu and Kashmir government, on January 9, directed the removal of all encroachments on State Land, including Roshni Land and Kachharie land, by January 31, 2023. The order was passed while several review petitions challenging Roshni Act Judgment remain pending before the High Court of Jammu and Kashmir and Ladakh.

    In 2020, the Jammu and Kashmir High Court held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, [popularly known as Roshni Act] is completely unconstitutional.

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    ( With inputs from : kashmirlife.net )