In much publicized infamous Roshni Land Scam, the division bench of of J&K High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal has transferred the Roshni land Scam to the Central Bureau of Investigation. The division bench has observed that Roshni scheme promoted 'loot' on policy and
the looters managed a legislation to facilitate their nefarious design because of their deep penetration into the corridors of power and authority
The division bench also observed that we have not come across any such legislative state action legtimizing criminal activity at the cost of national and public interest with incalculable loss and damage to the public exchequer and the environment without any financial or other impact assessment. The division bench has remarked that those in power and the respondents have completely failed to discharge their constitutional functions, their statutory duties and public law applications towards the public to whom they owe their very existence. Stating that J&K state lands (vesting of ownership to the occupants rules 2001) clearly ultrawires the parent act. The division bench said
No approval of these rules were sought from the legislature and these were unauthorisedly published in the government gadget
and shockingly these rules were in excess of the powers conferred by the statue and in contradiction with the prohibitions contained therein and this was done despite the mandate of the constitution and the law laid down by the supreme court and this executive action did not have the clearance of the legislation speaks volumes about the influence of the beneficiaries. Pointing towards various judgements of Supreme Court and high court of the country, the division bench headed by chief justice said public property has to be dealt with fairly and the distribution thereof has to be equally done for a public purpose ensuring maximum consideration. The division added the enactment has been worked to facilitate illegal vesting of state lands in the hands of powerful despite the mandate of the land regarding distribution of largess by the state. The division bench has declared that all acts done under the Jammu and Kashmir land vesting of ownership to the occupants act 2001 known as Roshani schemes as unconstitutional and void ab initio and directed that Large tracks of state land vested under the scheme and those still under illegal encroachment must be retrieved in accordance with the law. Moreover the highest court of the union territory of Jammu and Kashmir has stressed that appropriate Criminal action must be taken against all those who had committed the alleged illegal acts of ommission and cmmission. The division bench further observed that land vesting of ownership to the occupants act 2001 is in complete violation of the provisions of the constitution and binding principles laid down by the supreme court as such is ultrawires to the constitution and void ab initio from its very inception. It said the legislation adversely impacts the rights granted to the people under article 14 and 21 of the Constitution of India. The High court further observed
the projected object of supporting Hydel Projects out of the same proceeds was only in order to give semblance and propriety to the object
It is pertinent to mention that while making the Roshni Act of 2001, the then finance minister had claimed that the scheme would generate resources worth rupees 25448 crore which would be utilised on raising Big Power Projects and making the state self sufficient in electric power but CAG report pointed out that astonishingly just rupees 76 crore had been generated after umpteen extensions to the act in operation in 12 years. Moreover 20 lakh kanal of the state land unauthorisedly formalized on the name of Roshni Act of 2001. The Roshni Act was came into surface when principal Accountant General for Jammu and Kashmir added a special audit of the so-called Roshni scheme on the recommendations of the state advisory committee of the Comptroller and Auditor General of India in 2012 and 2013. According to its reports the state caused loss of rupees 25000 crore to the exchequer by way of giving huge chunks of state land virtually for free to those who had grabbed it illegally.
This judgement of the court again clearly reflects that how much land mafia has penetrated in our political circles and has the sway on them & how the erstwhile state of J&K was the den of corruption.
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