Supreme Court Refuses To Entertain Plea Challenging Direction To Remove Encroachments On Roshni Land In Jammu & Kashmir

A Bench of Justices MR Shah and BV Nagarathna expressed its reluctance to entertain the application.

“If we protect your possession, it will affect entire J&K encroachments…. At the most, 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.

The advocate made a request to grant the penultimate status before the Roshni Act came into existence. However, the Bench was not inclined.

“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argued that under the Jammu & Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (Roshni Act), though repealed, their ownership rights are intact owing to the savings clause.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 The savings clause of the repealed Act”, said the advocate.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 Once Act is repealed, where's the question of savings clause?”, questioned the Court.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 Union Territory to not demolish any houses.

During that hearing, Justice Shah was of the view that if a stay is granted then it would benefit land grabbers also.

The Jammu and Kashmir government, on January 9, directed the removal of all encroachments on State Land, including Roshni Land and Kachharie land, by January 31, 2023. The order was passed while several review petitions challenging Roshni Act Judgment remain pending before the High Court of Jammu and Kashmir and Ladakh.

In 2020, the Jammu and Kashmir High Court held that the Roshni Act is completely unconstitutional.

Case Title: Abdul Rashid vs SK Bhalla | SLP (C) 15991/2022

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