Supreme Court refused to entertain a plea towards a J&K Roshni Land

The Supreme Court on Monday refused to entertain a plea towards a Jammu and Kashmir authorities round directing all Deputy Commissioners to put off encroachments on Union Territory land, which include Roshni land and Kachharie land, through January 31, Bar and Bench reported.

A bench of Justices MR Shah and BV Nagarathna was once unconvinced with the argument of the petitioners that notwithstanding the Jammu & Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (popularly regarded as the Roshni Act) being repealed, their possession rights persisted.

"You inform us what proper you have.. no longer underneath Roshni Act - it has been struck down! .... The Act has been repealed. Once the Act has been repealed, the place is the query of financial savings clause?", the Court remarked.

The bench additionally orally found that if the Court had been to furnish remedy to these persevering with to occupy the land, it should have large repercussions.

"If we shield your possession, it will have an effect on the complete J&K encroachment! At the most we can furnish you realistic time to relocate," the Court said.

The petitioner finally sought to withdraw the petition and was once allowed to do so via the Court.

During the preceding hearing, the bench had recommended the petitioners to prevent their prayers to popularity quo instead than a blanket continue to be on the circular.

"If remain (of order) granted then it will gain land grabbers also," Justice Shah had remarked.

In 2001, the Jammu & Kashmir authorities had enacted a regulation known as the the Roshni Act for granting possession of kingdom land to unauthorised occupants in order to increase cash for strength tasks 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 accomplished below it as nicely as amendments below the Act had been as a result declared void ab initio.

The Court had additionally ordered a Central Bureau of Investigation (CBI) probe into the Roshni land rip-off case, noted to be the largest ever in the records of the ertswhile State.

The Jammu & Kashmir authorities had then moved the excessive courtroom to evaluation the stated ruling. At the equal time, appeals had been additionally filed towards the High Court judgement earlier than the Supreme Court.

Even as various evaluate petitions difficult the High Court judgment had been pending, the Union Territory, on January 9 this year, had directed all deputy commissioners to do away with encroachment on such land through January 31, 2023.

Residents had been advised to both demolish the buildings on their very own or endure the charges for the demolition.

The Supreme Court had, until now this week, agreed to listing the pressing utility searching for a remain on the circular. Justice Sanjiv Khanna had previously recused from listening to the matter.