Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 commonly known as Roshni Act was promulgated during chief ministership of
Farooq Abdullah
Farooq Abdullah (born 21 October 1937) is an Indian politician who serves as current president of the Jammu & Kashmir National Conference. He has served as the chief minister of Jammu and Kashmir on several occasions since 1982 till 2002, and ...
in 2001. The law granted ownership of
Jammu and Kashmir state lands to unauthorised occupants of those lands with the aim of raising money for power projects upon payment of a sum to be determined by the
government of Jammu and Kashmir
The Government of Jammu and Kashmir is the principal administrative authority responsible for the governance of the Indian union territory of Jammu and Kashmir. Established on 5 March 1948 as the Government of Princely state of Jammu and Ka ...
.
The cut-off year was set as 1990 by the government of Farooq Abdullah, which was extended to 2004 and again to 2007 by the
PDP
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-
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
led government.
The act got the unofficial name of "Roshni Act" from the Jammu and Kashmir government's said plan of using the funds raised from this to fund power projects in the state.
Report of irregularities and repeal of the act
In 2014
Comptroller and Auditor General
An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations.
F ...
(CAG) had raised issues of irregularities and, in 2015, the
State Vigilance Organisation had charged over 20 government officials with misuse of the act; no one was prosecuted.
From 2015 onwards, efforts were made to get back some of the illegally acquired land.
In 2018 the act was repealed during the tenure of the
Governor of Jammu and Kashmir Satya Pal Malik who ordered the investigation to be taken over by the
Central Bureau of Investigation (CBI).
On 9 October 2020, following demands from
IkkJutt Jammu, the
Jammu and Kashmir High Court deemed the law and all allotments made since the beginning as "null and void" and "unconstitutional".
The court also said that the rules framed in 2007 by the Government of Ghulam Nabi Azad did not appear to have any legislative sanction.
The state government has said that it will recover land distributed under the scheme in six months. All the identities of those who took advantage of the scheme were to be made public.
On 22 October 2020, the administration of Jammu and Kashmir Union Territory ordered the submission of comprehensive details of ministers, legislators, bureaucrats, police officers, government employees, businessmen, other influential persons and their relatives who have benefitted from the Act.
On 24 November 2020, India's
Union Law Minister Ravi Shankar Prasad in a press conference said that former J&K Chief Minister Farooq Abdullah was among the beneficiaries in Roshni Act. The others in the list were the former Finance Minister of J&K
Haseeb Drabu, Congress leader Majid Wani, former Home Minister and NC leader Sajjad Kitchloo and former JK Bank Chairman MY Khan.
See also
*
Indira Awaas Yojana
*
Sainik Farm
*
List of scandals in India
References
Further reading
* {{Cite book, last=Suhail, first=Peer Ghulam Nabi, title=Pieces of Earth: The Politics of Land-Grabbing in Kashmir, publisher=Oxford University Press, year=2018, isbn=9780199091652, location=New Delhi
Jammu and Kashmir
Jammu and Kashmir state legislation
2001 in Indian law