Excelsior Correspondent
JAMMU, Jan 16: The Supreme Court today agreed to list an urgent application seeking a stay on a circular issued by the Jammu & Kashmir Government that directed removal of all encroachment on land owned by the Union Territory, including Roshni land and Kahcharie land.
A bench led by Chief Justice of India DY Chandrachud, after being informed that the matter was urgent, and that Justice Sanjiv Khanna had recused from hearing it, agreed to examine and list it.
During the pendency of several review petitions challenging the Roshni Act judgment of the High Court of Jammu & Kashmir and Ladakh, the Jammu & Kashmir Government on January 9 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.
In 2001, the Jammu & Kashmir Government had enacted a law called the Jammu & Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (popularly known as the Roshni Act) for granting ownership of State land to unauthorized 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 declared the Act unconstitutional. All Acts done under it or amendments thereunder were also declared unconstitutional and 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 Jammu & Kashmir.
The Jammu & Kashmir Government then moved the High Court to review this judgment to a limited extent. It was submitted that while the judgment restored the rule of law by halting the implementation of the unconstitutional Roshni Act, there is also a concern that a a large number of common people would suffer unintentionally by reason of the verdict.
At the same time, appeals against the judgment were preferred before the Supreme Court.
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