The Supreme Court on Friday refused to live the Jammu and Kashmir authorities’s round wherein all deputy commissioners were directed to get rid of encroachments on country land along with Roshni Land and Kachharie land through January 31, 2023. A bench of Justices M R Shah and Justice C T Ravikumar expressed its disinclination in now no longer passing an order today. However, the bench made an oral observation, asking the authorities now no longer to demolish any houses.
“We aren’t passing any order today. You educate them orally now no longer to demolish any houses. But we can now no longer provide a fashionable live… others need to now no longer get advantage,” the bench orally advised the recommend of J&K. As the case got here up for hearing, the recommend for the petitioner took the courtroom docket thru the reliefs prayed for.
In reaction to the recommend for the petitioner that many tribals had been dwelling at the land, Justice Shah remarked: “If live is granted then it’ll additionally advantage the land grabbers.” The recommend performing for J&K clarified that the round is specifically targeted at the Roshni land. He additionally wondered the locus of the candidates.
“The utility became served on me yesterday. It does now no longer even point out that the candidates stay there,” he mentioned whilst including that the land handiest had stores and such establishments. The courtroom docket then adjourned the count number. The count number became noted earlier than the Chief Justice D Y Chandrachud in advance this week.
The J&K authorities on January nine had directed all Deputy Commissioners (DCs) to get rid of encroachment on such land through January 31, 2023. The citizens had been advised to both demolish the systems on their personal or undergo the fees for the demolition.
In 2001, the J&K Government had enacted a regulation – J&K State Land (Vesting of Ownership to Occupants) Act, 2001 (popularly referred to as the Roshni Act) for granting possession of country land to unauthorised occupants so one can boost budget for strength tasks withinside the erstwhile country.
In October 2020, a Division Bench of Justices Gita Mittal and Rajesh Bindal of the High Court declared the act unconstitutional. All acts completed below it or amendments thereunder had been additionally declared unconstitutional and void ab initio.
The courtroom docket had additionally ordered a Central Bureau of Investigation (CBI) probe into the Roshni land rip-off case, said to be the most important ever withinside the records of J&K. The J&K authorities then moved the High Court to check this judgment to a restricted extent.
It became submitted that whilst the judgment restored the guideline of thumb of regulation through halting the implementation of the unconstitutional Roshni Act, there has been additionally a subject that a huge variety of not unusualplace human beings might go through by accident through purpose of the verdict. At the identical time, appeals in opposition to the judgment had been desired earlier than the Supreme Court.
