The Jammu and Kashmir High Court on October 9 declared the law “ illegal, unconstitutional and untenable ” and ordered an investigation by the IWC into the award of land under this law.
Archive image of the Supreme Court of India. Reuters
New Delhi: Former Jammu and Kashmir Chief Secretary Mohammed Shafi Pandit filed a special license petition with the Supreme Court on Wednesday challenging a higher court verdict overturning the Roshni Act, which granted property rights to occupants of state lands.
The Jammu and Kashmir High Court declared the Roshni Law “illegal, unconstitutional and untenable” on 9 October and ordered an IWC investigation into the award of land under this law.
In a statement, Pandit, a 1969 batch IAS officer and distinguished service gold medalist, said he has full faith in the judiciary and that the Supreme Court will give them an opportunity to hear them soon.
“Therefore, I refrain from making detailed comments,” he said, but added that he would like to clarify that he was a legitimate occupant of a part of the family land that belongs to his mother-in-law.
Pandit and his wife’s name are on a list of beneficiaries of the Roshni Act presented by the Kashmir Divisional Commissioner.
“It is regrettable that according to a recent high court ruling … my name and that of my wife, Mrs. Nighat Pandit, has been included in a list that is circulating, which has portrayed all beneficiaries in a bad light. The list is not precise and it seems that some attempts to exceed the judicial authority, ”says the statement.
He said that the land was purchased in 1953 from a retired judge by his mother-in-law and that the allocation was made by the then Maharaja of the former state of Jammu and Kashmir, in 1936, by paying the prescribed premium and rent for the land.
“The transfer was accepted by the government and the leasehold rights were renewed until 2016, in accordance with the law. In most leasing cases, a lot of uncertainty about the renewal prevailed. ownership of the land, by paying the prescribed amount, which obviates the need for renewal, after the expiration of the lease, “he said.
He claimed that the higher court had passed judgment without listening to them.
He said he and his wife were legal winners of land made available by the government for the construction of residences.
The Roshni Law was enacted in 2001 with the dual objective of generating resources to finance energy projects and granting property rights to occupants of state lands. It initially envisaged the granting of property rights of around 20.55 lakh kanals (102,750 hectares) to the occupants, of which only 15.85 per cent of the land was approved for the granting of property rights.
Find the latest and upcoming tech gadgets online at Tech2 Gadgets. Receive tech news, gadget reviews and ratings. Popular devices including laptop, tablet and mobile specifications, features, pricing and comparison.
