ROSHNI ACT State asked to comply with HC’s March order in 2 weeks
TNN Bureau. Updated: 9/20/2018 11:40:07 AM
Front Page
JAMMU: The High Court on Wednesday granted two weeks time to State to comply with its earlier directions in a Public Interest Litigation (PIL) challenging the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, which is popularly known as ‘Roshni Act’.
On March 7, 2018, Division Bench had directed the State to submit the list of beneficiaries before this Court and also make a proper publication in newspaper that WPPIL No.41/2014, challenge to the Roshni Act, is pending before the High Court for consideration and also persons, who are interested or likely to be affected, are entitled to cause their appearance in the proceedings.
Division Bench had also directed State to submit the list of beneficiaries before the Registry of this Court for publication in a newspaper having wide circulation in the Jammu and Kashmir State. The Publication charges shall be deposited by the respondents-State within a period of two weeks.
On Wednesday, when the court was apprised that its directions are not implemented, a Division Bench of Court’s Jammu Wing Comprising First Puisne Judge Justice Alok Aradhe and Justice Sanjay Kumar Gupta after hearing Adv Ankur Sharma for the PIL, granted two weeks time to State to comply with the directions dated March 7, 2018.
In the PIL it has been submitted that the Act has been dubbed as illegal on the ground that it violates the doctrine of equality and creates a special class of society for conferring undue benefits at the will and whims of the political entities.
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 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, the PIL said.
“Nowhere in the country such a legislation was ever enacted to give premium to those who indulged in land grabbing as such legislation being against public policy and constitutional mandate is required to be declared unconstitutional and the land so regularized in favour of illegal occupants is required to be retrieved by setting aside all orders of regularizations”, the PIL said.