SC turns down plea against removal of encroachments

In a big blow to bigwigs and influential people who had encroached huge swathes of prime state land in Jammu and Kashmir, the Supreme Court on Tuesday dismissed a petition challenging the circular issued by the Union Territory administration fixing January 31 deadline for evictions.

While today’s order may come as jolt to mighty, but it appears that people with marginal holdings may get relief as J&K government is likely to come up with a formal order in a week’s time ensuring protection for the poor and common masses.

Senior BJP leader Sunil Sharma has claimed that J&K government shall be regularizing their holdings by paying nominal registration fees. Advocate General had earlier told J&K court that government is mooting policy to regularize people holding small portions of land. Even few days back Governor Manoj Sinha has clarified that common man won’t be affected in the Union Territory.

“I met LG sahib in person and requested him to spare the people having grabbed or constructed homes on State land measuring 8 to 10 malras. I requested him to fix a nominal registration fee for them so that they are not rendered homeless,” Sharma told to our sources.

“The LG has assured me that people holding small portion of land won’t be affected in this ongoing anti-encroachment drive and has also agreed to my suggestion that their land should be regularized. I have assured various people in J&K that LG and even Union Government has ordered not to dislocate common man”, said Sharma.

Sharma said that he was hopeful that the LG administration may issue a formal order in this regard within a week’s time. “The order may have a mention about the registration fee for the poor having possession of State land up to 10 malras,” he said.

A bench of Justices M R Shah and B V Nagarathna was hearing a plea filed by Akbar Rashid and five others from Dodasan in Rajouri, seeking a stay on a circular issued by the Jammu & Kashmir. The six petitioners, represented by Advocate Muzaffar Khan, were served notices under the drive and had moved the Supreme Court, which had ordered a status quo on demolition of their shops till January 31.

SC bench told the petitioners—who contended they still had title to land allotted under the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, also called the Roshni Act—the legislation had already been held to be unconstitutional and that no title survived after that. With the bench refusing to entertain their prayer, petitioners finally chose to withdraw the plea.

Court also said that if it grants their prayer, it will have larger repercussions on encroachments in other parts of the UT. It added that at the most, it could give them time to relocate.
The petitioners have contended the administration had issued the circular despite the fact that review petitions against the High Court ruling were still pending.
Meanwhile, senior lawyer Supriya Singh Chouhan while interpreting the today’s judgment he said, “The SC bench per say clarified to petitioners had they sought relief for themselves, the Court may have provided them relief, but when you(petitioners) are challenging the J&K government circular, it will have larger repercussions on encroachments in other parts of the U, if it grants their prayer”.

“If we protect your possession, it will affect entire J&K (anti-)encroachment (drive),” Bench added.
Lawyer Chouhan also said, “The J&K AG also brought to High Court’s notice that J&K government is contemplating to bring a policy to regularize people with small holdings who are affected by the circular, by depositing registration fees”.

Few days back even Lieutenant Governor Manoj Sinha has clarified that only influential and powerful people who misused their position to encroach upon the State land would be evicted in the Union Territory.

“The High Court has passed directions repeatedly to evict illegal encroachers from State land. Let me clarify that influential people who have misused their position, violated rules and grabbed land will be evicted. The common man and poor man will not be touched. We will ensure their rights are secured,” L-G Sinha said few days back.

In October 2018, the then governor Satya Pal Malik repealed the Roshni Act prospectively. And in October 2020, the High Court declared the Roshni Act “illegal, unconstitutional and unsustainable” and held allotments under the Act as void ab initio.

It ordered a CBI probe into the transfer of ownership, sought action against bureaucrats involved, and asked the government to make public the names of prominent people who had been allotted land under the Act. Earlier this month, the UT administration had issued a circular asking all deputy commissioners to remove encroachment on these lands by January 31.