J&K seeks review of annulment of ‘Roshni’

J&K govt asserts that a large number of people will suffer due to the Act

In what seems like a bizarre move but may well be an afterthought to protect its own, the Jammu and Kashmir government has sought a review of the annulment of a 2001 controversial land act by the high court, asserting that a large number of people, including landless cultivators and those residing in modest dwellings, will suffer.

On October 9, the court had in its judgment termed the Jammu and Kashmir state land (Vesting of Ownership to Occupants) Act, 2001, commonly known as ‘Roshni Act’, which granted ownership of state land to occupants as “illegal, unconstitutional and unsustainable”. The court also ordered a Central Bureau of Investigation (CBI) investigation, asking that within one month identities of those who have derived benefit under the Roshni Act, including ministers, legislators, bureaucrats, government officials, police officers and businessmen, their relatives or persons holding benami for them, be made public.

Following the order, the Union Territory government had on November 3 declared all mutations taken under Roshni Act as “null and void” and released the first list of beneficiaries of alleged illegal mutations. But the move stirred a political controversy as several Opposition leaders, including former chief minister Farooq Abdullah, were shown as land grabbers, a charge they vehemently denied.

The BJP had described the Roshni Act as “land jihad” and the government’s decision declaring it null and void as a “surgical strike”.

However, subsequent lists revealed several serving and former bureaucrats, police officers as well as political activists and businessmen owing allegiance to the BJP or supporting outfits as alleged beneficiaries of the act.

And now Nazir Ahmad Thakur, special secretary with the J&K revenue department, has in the review petition on behalf of the J&K government pleaded for “modifying” the October 9 judgment. The petition says that a large number of common people, including landless cultivators and individuals “who are themselves residing in dwellings on small areas but are unfortunately clubbed along with rich and wealthy land grabbers, who have obtained a title over state land through the provisions of the now struck Act”, will suffer.

The review petition calls on the court to distinguish between the two classes of people and also urged it to allow the government to formulate an appropriate mechanism to enable people like landless cultivators and single dwelling owners to continue to remain in possession of their land, subject to appropriate ceiling and on payment at appropriate rates.

The review petition further says that there are apprehensions that the high court verdict may lead to an unintended roving inquiry by the CBI, which may go on endlessly without generating the results sought by it (court).

Many people on Monday took to social networking platforms to question the wisdom behind the government seeking review of the court verdict and some even doubted its intention.

The National Conference called the J&K government’s review petition a Uturn aimed to save its own face.