The Supreme Court on Friday refused to stay a circular issued by Jammu & Kashmir government directing all Deputy Commissioners (DCs) to remove encroachments on State land including Roshni land and Kachharie land by January 31.
According to reports a bench of Justices MR Shah and CT Ravikumar, however, expressed its disinclination in not passing an order today, it orally asked the Union Territory administration to not demolish any houses.
The bench observer said they are not passing any orders today. "You instruct them orally not to demolish any houses. But we will not grant a general stay. Others should not get the benefit," the bench orally told the counsel of J&K.
During the hearing, the advocate for the petitioner argued that many tribals are residing on the land and took the Court through the reliefs prayed for.
"If a stay is granted then it will benefit land grabbers also?", Justice Shah asked.
The counsel appearing for the Union Territory clarified that the circular is mainly focused on the Roshni land and also questioned the locus of the applicants.
"The application was served on me yesterday. It does not even mention that the applicants live there", he pointed out, while adding the said land only had shops and such establishments.
The court then adjourned the matter. The matter was mentioned before Chief Justice DY Chandrachud, earlier this week.
J&K Govt sets Jan 31 as a deadline for retrieving all State lands
The Jammu and Kashmir administration has ordered all the Deputy Commissioners (DCs) to ensure 100% removal of encroachments from state land, including Roshni and Kahcharai by the end of this month.
"The department has issued instructions from time to time and, further, in pursuance to the meeting held on 15.12.2022 through virtual mode under the chairmanship of the Commissioner/Secretary to the Government, Revenue Department, it has been directed that all Deputy Commissioners (DCs) shall ensure that all encroachments on State land including Roshni and Kahcharai land are removed to the extent of 100% by January 31, 2023," reads an order issued by Vijay Kumar Bidhuri, Commissioner Secretary to the Government.
Bidhuri has also listed a set of instructions for effective monitoring of the anti-encroachment drive.
The order was passed while several review petitions challenging Roshni Act Judgment remain pending before the High Court of Jammu and Kashmir and Ladakh.
In 2020, the Jammu and Kashmir High Court held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, (popularly known as Roshni Ac) is completely unconstitutional.
According to the order, Deputy Commissioners have been directed to draw up a daily anti-encroachment drive plan and also nominate Additional Deputy Commissioners as District Nodal Officers for coordination and effective implementation of the drive.
"Deputy Commissioners should constitute teams of Revenue officers for removal of the encroachments and personally monitor the drive," the order reads, adding that both the Divisional Commissioners shall also monitor the drive.
Besides it, the Commissioner Secretary has also sought daily progress reports from Divisional Commissioners for which the concerned Assistant Commissioner (Central) will be the Nodal Officer.
