Opposition protests J&K administration's move to retrieve land granted under Roshni Act

Arjun Sharma

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Jammu, January 16

The recent order of the J&K administration regarding eviction of encroachers from state land, including that under Roshni scheme, has evoked sharp reactions from several Opposition parties, which organised protests against the government at different locations in the UT on Monday.

Disempowering people

Laws are created for welfare, but in J&K they are weaponised to disempower, humiliate & punish people. — Mehbooba Mufti, PDP Chief

Roll back order

The administration is working against marginalised people. We demand rollback of this order. Shahnawaz Choudhary, Congress leader

About Irregularities under Roshni Act

Under the Roshni Act, the then state government had allowed encroachers to possess state land to raise funds for power projects. In 2014, the CAG reported that many politicians had derived benefit from the Act. Later, the High Court had termed the scheme illegal and the government ordered retrieval of such land.

The January 9 circular was issued by Vijay Kumar Bidhuri, Commissioner Secretary to the government, asking the deputy commissioners (DCs) to “ensure that all encroachments on state land, including Roshni and Kahcharai (grazing) land, are removed to the extent of 100% by January 31”.

It directed the DCs to draw up a daily anti-encroachment drive plan and also nominate additional deputy commissioners (ADCs) as district nodal officers for coordination and effective implementation of the drive. The officers have also been asked to furnish daily progress report on the matter.

Among the parties which organised protests were PDP, NC, Congress, Democratic Azad Party (DAP) and Apni Party. Even the All Jammu and Kashmir Panchayat Conference (AJKPC), an organisation of panchayats of the UT, has warned the government against implementing the order.

The issue holds importance with reports that the UT is likely to go to polls in the coming months. PDP chief Mehbooba Mufti tweeted, “Laws are created for the welfare of people, but in J&K they are weaponised to disempower, humiliate and punish. This latest diktat was issued because the GOI (Government of India), despite misusing the agencies and unleashing draconian laws, isn’t getting the desired results.”

The Roshni Act, officially known as Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001, was enacted during the regime of the then CM Farooq Abdullah. The law granted ownership of the encroached land to encroachers to raise funds for different power projects of the government. In 2014, the Comptroller and Auditor General’s (CAG) report pointed out that many political persons from different parties had been benefited under the Act.

In November 2018, the then governor Satya Pal Malik repealed the Act. On October 9, 2020, the High Court of J&K and Ladakh declared the Act “illegal, unconstitutional and unsustainable”, and ordered a CBI probe. Later, the government decided to retrieve such land.

Names of some BJP leaders also cropped up later on the list of alleged encroachers.

Ajaz Jan, provincial president of the Youth National Conference, Jammu, termed the order as draconian “just to harass the general public”.

DAP leaders, including former minister GM Saroori and RS Chib, protested in Jammu. Congress leaders held a protest at Press Club. Pradesh Congress Committee’s general secretary Shahnawaz Choudhary said, “The L-G’s administration is working against downtrodden and marginalised people. We demand rollback of this unjust order.”