Supreme Court relief to some who got land under Roshni Act

New Delhi: The Supreme Court on Thursday asked the Jammu & Kashmir High Court to hear the review pleas of more than 20 people who claimed to be genuine land-owners hit by a recent HC decision to strike down the Roshni Act.

Until the HC takes up the review pleas, no coercive action will be taken against the petitioners, solicitor general Tushar Mehta assured the court on behalf of the central government.

The HC had on October 9 declared as unconstitutional the 2001 J&K State Land (Vesting of Ownership to the Occupants) Act, or the Roshni Act, which had allowed the state to transfer land to occupants for a fee.


It had also asked the authorities to evict encroachers from such land, besides ordering a CBI probe into the allotments made under the law.

The local administration has since sought a review of the order. That is yet to be heard. But some of the affected people, who claim to be genuine landowners, approached the top court. They claimed that they were authorised occupants and leaseholders who were not heard by the high court when it struck down the law while acting on a public interest litigation.

Their case was argued by senior advocate Mukul Rohatgi. He said the law was intended to target encroachers whereas the petitioners were lawful occupants. Rohatgi said they had not sought a review of the HC ruling but the administration had.

A bench led by Justice NV Ramama then asked the petitioners to also seek a review of the HC ruling. The SG said the government would oppose any relief to encroachers and land grabbers, but would not stand in the way of genuine landholders getting relief. The review is now listed in the high court on December 21.