No coercive action against those challenging Roshni Act judgment: SC told

The Jammu and Kashmir administration told the Supreme Court on January 25 that no coercive action can be taken against those individuals who’ve approached the highest court docket against the High Court verdict of scrapping the Roshni Act of 2001.

A Bench of Justices N.V. Ramana, Surya Kant and Aniruddha Bose was knowledgeable by Solicitor General Tushar Mehta, showing for the Jammu and Kashmir administration, that the evaluation petition against the High Court’s October 9 verdict is pending there and can be taken up on Thursday.

The Bench famous the submission that the pending evaluation petition was but to return up earlier than the High Court and granted liberty to petitioners to say the matter thereafter.

One of the attorneys showing for the petitioners mentioned that no coercive action needs to be taken against them as per the assertion made by Mr. Mehta over the past listening to.

On December 10, Mr. Mehta had mentioned that no coercive action can be taken against those petitioners who had approached the highest court docket within the matter as they weren’t “land grabbers or unauthorised people”.

The Roshni Act was enacted in 2001 with the dual goal of producing assets for financing energy initiatives and conferment of proprietary rights to the occupants of State land.

The Jammu and Kashmir High Court had, on October 9, declared the Act “illegal, unconstitutional and unsustainable”, and ordered a CBI probe into the allotment of land below this regulation.

As many as six pleas have been listed for listening to within the prime court docket on January 25 and as per Mr. Mehta’s oral submission, the safety would cowl Broadway Enterprises Pvt. Ltd., Nisar Hussain, Danish Aman, Hakim Suhail, Muhammed Muzaffar Shawl, Tejinder Singh Sethi, together with another co-petitioners.

The prime court docket had mentioned in its December 10 order that it had come to know that evaluation petitions had been filed by Jammu and Kashmir in addition to by some personal people earlier than the High Court and that the listening to was due within the final week of December. Thereafter, it had adjourned the matter for additional listening to to the final week of January 2021.

Mr. Mehta, whereas apprising the highest court docket that Jammu and Kashmir had already filed a evaluation petition within the High Court, had mentioned the authority was “not against bonafide and common people who are not land grabbers”.

The prime court docket had additionally clarified that the pendency of those particular go away petitions earlier than it could not are available the best way of evaluation petitions hearings by the High Court. It had granted liberty to the petitioners earlier than the highest court docket to additionally file evaluation petition(s), if any, earlier than the High Court.

On December 7, the High Court had adjourned the listening to on a petition filed by the administration looking for a evaluation of its earlier order scrapping the Roshni Act in totality.

The petition, filed by Revenue Department Special Secretary Nazir Ahmad Thakur on December 4 for modification of the judgment, had pleaded that numerous widespread individuals, together with landless cultivators, would undergo.

The Roshni Act initially envisaged conferment of proprietary rights of round 20.55 lakh kanals (102,750 hectares) to the occupants, out of which solely 15.85% land was permitted for vesting of possession rights.