New Delhi, January 31: The Supreme Court on Tuesday dismissed as withdrawn a petition challenging a circular issued by the Jammu Kashmir Administration, directing Deputy Commissioners to remove encroachments on state land including Roshni Land and Kahchharai land by January 31.
A Bench comprising Justices MR Shah and BV Nagarathna expressed its reluctance to entertain the application. “If we protect your possession, it will affect entire encroachments in J&K…. At the moment we can give them some reasonable time to vacate,” said the Bench.
The advocate appearing for the Roshni Land dwellers submitted that they had shops on the land and all of them were financially strapped.
“How can you say they are poor if they have shops on the land? Don't try to take shelter of tribals and all… and the beneficiaries are all big persons, big shots, we know. Not you, the entire Roshni land dwellers”. The Bench immediately said.
Subsequently, the advocate made a request to grant the penultimate status before the Roshni Act came into existence. However, the Bench was not inclined to entertain the pleas.
Any document of title conferred on you?”, Justice Nagarathna then asked. “Yes, by the District Magistrate,” “The DM cannot confer”, the Bench responded.
The advocate argued that under the Jammu Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (Roshni Act) though repealed their ownership rights are intact owing to the saving clause.
“It is on the basis of the Act. The savings clause of the repealed Act”, said the advocate.
The Act was struck down. Once Act is repealed, where's the question of savings clause?” questioned the court.
On January 20, the Supreme Court of India refused to stay the J&K circular. However, it orally asked the UT to not demolish any houses.
During that hearing, Justice Shah was of the view that if a stay is granted then it would benefit the land grabbers also.
The Jammu Kashmir Administration on January 9, directed the removal of all encroachments on state land, including Roshni Land and Kacharaie land, by January 31, 2023. The order was passed while several review petitions challenging Roshni Act Judgement remain pending before the High Court of Jammu Kashmir and Ladakh. In 2020 the Jammu Kashmir High Court has held that the Roshni Act is completely unconstitutional.
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