Jammu & Kashmir

Supreme Court Hands Down Major Verdict on J&K State Land Anti-Encroachment Drive

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Petition for Anti-Encroachment Drive Halt Dismissed by Supreme Court

The Supreme Court in India dismissed a petition to halt the anti-encroachment drive in Jammu and Kashmir on Tuesday, January 31, 2023. The court was hearing a plea filed by 6 individuals from Dodasan in Rajouri, who had been served notices under the drive and sought a stay on the removal of their shops. During the hearing, the court allowed the petitioners to withdraw their plea and dismissed the matter.

Observations on the Roshni Scheme Beneficiaries

During the hearing, the court expressed doubt over the petitioners’ claims of title to their shops, observing that the beneficiaries of the Roshni scheme, which has been scrapped, are big shots. The Roshni scheme was a factor in the petitioners’ claims of title, but the court noted that the Act behind the scheme had been struck down and the saving clause was no longer relevant.

Directive by Jammu and Kashmir Government on Removal of Encroachments

The Jammu and Kashmir government had directed the removal of all encroachments on UT-owned land, including Roshni land and Kahcharai land, by January 31, 2023.

The petition was brought to the attention of the Chief Justice D Y Chandrachud on January 16 and was listed for hearing on January 20. On that day, the petitioners represented by Muzaffar Khan informed the court that many tribals were living on the land in Dodasan. The court instructed the UT administration to not demolish the petitioners’ houses, but did not grant a general stay on the ongoing land eviction drive.

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