DB puts curbs on any transaction for property falling under Roshni

JAMMU: In a Public Interest Litigation (PIL) titled Ankur Sharma and State of J&K & Others challenging the Jammu & Kashmir State Lands (Vesting of Ownership to the Occupants) Act, which is popularly known as “Roshni Act”, a Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Alok Aradhe today directed respondents to ensure that no further transaction in respect of the property falling under the Roshni Act, which is subject matter of challenge in this petition, shall be made till further orders.

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 can’t 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 added.