SC decides to wait for Jammu & Kashmir High Court to decide review petition: Roshni Land Scam case

source: Bar and Bench

Supreme Court said, “there cannot be parallel proceedings.” It decides to wait for Jammu and Kashmir High Court to decide on the Roshni Land Scam case.

Source: Bar and Bench, Thursday, 11:13am

Source: DNA

“Importantly, Solicitor General Tushar Mehta submitted that the Union Territory of J&K in its review petition before the High Court has drawn a distinction between encroachers and lawful leaseholders,” Bar and Bench posted. The case will be heard in the final week of January 2021.

There have been many review petitions filed against the Jammu and Kashmir High Court judgment on the Roshni Land Scam on October 9. “Subsequent to filing of this SLP, the review by Union Territory and other beneficiaries is listed on December 21 at the J&K High Court. Until and unless review petitions are decided we can’t do much. Let the review be decided by the High Court on December 21. The pendency of this case will not come in way of any of these petitioners approaching the J&K High Court in a review petition,” the top court said.

Tushar Mehta the representative Solicitor General of the Union Territory of Jammu and Kashmir said that no harsh action will be taken until the final judgement is made. He added, “that the Union Territory in its review petition has drawn a distinction between encroachers and lawful leaseholders.

The scam took place under the Jammu and Kashmir State Land (Vesting to ownership to the occupants) Act, 2001. This Act is popularly known as the “Roshni Act”

The Act provided for vesting of government lands in encroachers subject to encroacher paying a price determined by the government. As per the object set out in the act, the reason for giving the land to encroachers was that eviction of such lands had become very difficult if not impossible because of the procedure established under law as per which an encroacher has to be given an opportunity of being heard before he/ she is evicted. The removal of encroachment en-block will also lead to mass unrest, it was noted.

Edited by: Toshiva Jain