Umamageswari Maruthappan
The Jammu and Kashmir Administration assured the Apex Court that it would continue to “not take coercive action” against those who have challenged the J&K High Court’s verdict scrapping the Roshni Act.
Solicitor General Tushar Mehta, appearing for the Jammu and Kashmir Administration, submitted the same before the Apex Court on 25th January 2021.
The SG further stated that the Jammu and Kashmir High Court is set to hear the review petition against its order (dated 9th October 2020) on 28th January 2021.
The Supreme Court Bench of Justices Surya Kant, NV Ramana and Aniruddha Bose were hearing about six petitions seeking to set aside the J&K High Court’s verdict that nullified the Roshni Act of 2001.
The J&K State Lands (Vesting of Ownership to the Occupants) Act or popularly known as the Roshni Act was enacted in 2001 with a view of regularising unauthorised lands.
This act vests the unauthorised lands in the hands of the occupants after they pay a fee, as prescribed by the government. The amount received in this behalf would then be utilized in financing hydropower projects, thereby bringing Roshni (light) to the State.
The targeted amount is Rs. 25,000 Crores. Frequent amendments were made and the passing of the J&K State Land (Vesting of Ownership to the Occupants) Rules in 2007 sparked peoples’ allegations.
There were arguments against the scope of the Act with people stating it to give way to corruption. In 2014, the CAG had even termed this act as a “25,000 Crore Scam”.
Petitions were filed seeking to nullify the act as it ostensibly favoured the elite group and disregarded the poor. On 9th October 2021, the J&K High Court Bench comprising the then Chief Justice Gita Mittal and Justice Rajesh Bindal declared the Act void claimed it as “unconstitutional, contrary to law and unsustainable.”
The Court also ordered the CBI’s involvement in this matter. Ever since the beginning of the probe, the CBI had booked several people under the Roshni Act (Scam) cases.
Although the Jammu and Kashmir Government accepted the verdict, it had also filed a review petition before the High Court requesting it to modify its order as it could adversely affect several common people involved in it.
Petitions were also filed before the Supreme Court against the verdict of the High Court. However, the Apex Court had asked the J&K HC to hear the review petitions before it.
