The Supreme Court asked the Jammu & Kashmir High Court to hear the review pleas of more than 20 people who claimed to be genuine landowners hit by a recent HC decision to strike down the Roshni Act.
Roshni Act
The Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001 is also known as Roshni Act.
It was to give ownership to people in possession of state land, with a cut-off of 1990, and against payment as determined by the government.
As the aim was to generate resources for hydroelectric power projects, it was called Roshni (Light) Act.
The government gave free ownership rights on agricultural land to farmers occupying it, who only needed to pay Rs 100 per Kanal of land as a documentation fee. 1 Kanal = 505.857 Square meters.
It becomes controversial
Illegal allocation and transfer of land to private parties
Biasedness towards one community
Changed the demographic profile
Corruption.
The High Court says
In October 2020, the High Court declared the Roshni Act “illegal, unconstitutional, and unsustainable” and held allotments under the Act as void ab initio.
It ordered a CBI probe into transfer of ownership, sought action against bureaucrats involved.
It asked the government to make public the names of prominent people allotted land.
Article 142(1):
The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
Context:
The Supreme Court asked the Jammu & Kashmir High Court to hear the review pleas of more than 20 people who claimed to be genuine landowners hit by a recent HC decision to strike down the Roshni Act.
Roshni Act
It becomes controversial
The High Court says
Article 142(1):
The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.