Breaking News: SC urges J&K High Court to consider review petition seeking reversal of Roshni Act’s unconstitutionality

SC Lakhimpur Kheri caseFeature Image Credits: Indian Legal

The supreme court has asked High Court to consider the review petitions against its the October 9 judgment which held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, (known as Roshni Act) is completely unconstitutional. 

The state government had started retrieving thousands of acres of land distributed amongst the beneficiaries under the Act after it was struck down by the court. However, on December 4 the government filed a petition in the Jammu and Kashmir High Court, asking it to reconsider its decision. Today the SC was hearing petitions filed against the High Court verdict by people who are holding land under the said act. The court adjourned the hearing of the petitions to the last week of January.

The Roshni Act was passed in 2001 to give ownership of state land to poor and landless residents of the state. It also aimed to control encroachments on public land. However, the law was increasingly used to give land to the political elite. To tackle these widespread cases of corruption the state High Court declared the Roshni Act “illegal, unconstitutional and unsustainable”. It also ordered the probe into the land transfers.

Niharika Dabral | Inputs from Live Law