PIL seeking declaring Rohsni Act Ultra Vires

DB restrains state to issue further SRO

19/12/2014

JAMMU: A Public Interest Litigation seeking Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, (Roshni Act) for declaring Act as unconstitutional/illegal being ultra-vires the Constitution of India and the Constitution of State of Jammu and Kashmir, A Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Tashi Rabstan after hearing Ankur Sharma in person whereas Sr. AAG Gagan Basotra for the state, restrained State Government from issuing any further SRO inviting claims after the expiry of the last SRO.
This Public Interest Litigation seeking declaration for declaring The Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001 alongwith J&K State Lands (Vesting of Ownership to the Occupants) Rules, 2007 popularly known as 'Roshni Act' as ultra-vires the Constitution of India and the Constitution of the State of J&K and illegal on account of the violation of the fundamental rights of the citizens of this State enshrined under Article 14, 19 and 21 of the Constitution of India and further the said Legislation could not have been enacted for those who encroached the State land and were further rewarded with the ownership rights on the pretext of generating the funds for augmenting the hydro electro potential of the State. The Legislation was conceived to reward the violators of law who instead of being booked for grabbing the state land were conferred with the ownership rights and the said law being a unique piece of legislation on the statue book cannot be allowed to sustain in an organized society governed by Rule of Law and thus the impugned legislation being against public policy and constitutional mandate is required to be declared unconstitutional/ultra-vires and the land so regularized in favour of the illegal occupants is required to be retrieved by setting aside all orders of regularizations followed by mutations attested in favour of the illegal occupants/beneficiaries. Nowhere in this country such a legislation was ever enacted to give premium to those who indulged in land grabbing and looking into the magnitude of the encroachment the instant petition needs to be allowed by striking down the impugned Act read with the rules made there under.
In the PIL, petition seeking declaring the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001 and the rules framed there under i.e. The J&K State Lands (Vesting of Ownership to the Occupants) Rules, 2007 as unconstitutional/illegal being ultra-vires the Constitution of India and the Constitution of State of Jammu and Kashmir also seeking direction the respondents to disclose before this Court the names of the illegal occupants/ beneficiaries who have been conferred the benefit of the aforementioned Act which is illegal/ unconstitutional and all such orders of regularizations and consequential mutations attested under the impugned Act be declared void ab-initio/nonest/illegal and the State Land so regularized be retrieved from the said illegal occupants/beneficiaries.
In the PIL it has been further seeking direction to respondents to retrieve the State Land measuring twenty lacs forty six thousand four hundred and thirty six (2046436) kanals which is under the illegal occupation of the land mafia and the said encroachment is evident from the reply of the Revenue Department to a Starred A.Q. No.618 tabled by Mr. Yash Paul Kundal (MLA) in the J&K State Legislative Assembly also seeking direction the respondents not to issue any further SRO/Notification for extending the date for inviting fresh claims under the impugned Act for conferring ownership rights to the illegal occupants with regard to the left over state land i.e. Land measuring twenty lacs forty six thousand four hundred and thirty six (2046436) kanals.
In the PIL, petitioner further sought direction to the respondents not to process any further case for conferment of ownership rights under the impugned Act/Rules.
Division Bench observed that Ankur Sharma, appearing in person has pointed out that the provisions of the Roshni Act inviting claims have been extended time and again. The current SRO extending the date was to operate upto 31.03.2007. The request made by Ankur Sharma is that the respondents may be restrained from issuing any further SRO inviting claims under the Roshni Act. As the objections have not been filed, Division Bench observed that it appropriate to restrain the respondents-State Government from issuing any further SRO inviting claims after the expiry of the last SRO. JNF

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