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Roshni land: Supreme Court refuses to stay eviction but asks J-K Admin not to demolish houses
J&K Administration had earlier directed the removal of all illegal encroachments on its land by the end of January
New Delhi, January 20
The Supreme Court on Friday refused to stay a Jammu & Kashmir Administration circular for removal of encroachments on state land, including Roshni land and Kachharie land, by the end of this month, even as it said houses should not be demolished.
“We are not passing any orders today. You instruct them orally not to demolish any houses. But we will not grant a general stay.... others (encroachers) should not get benefit”, a Bench led by Justice MR Shah told the advocate representing the Jammu & Kashmir Administration.
”If stay is granted then it will benefit land grabbers,” said the Bench which also included Justice CT Ravikumar.
As the petitioner’s counsel said several tribal families were residing on the land in question, the counsel for the Jammu & Kashmir Administration questioned their locus standi and submitted that the circular mainly focused on the Roshni land. The land had only shops and such establishments only, he added.
The J&K Administration had earlier directed the removal of all illegal encroachments on its land, including Roshni land and Kachharie land, by the end of this month.
The Jammu and Kashmir High Court had in 2020 declared the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001 (Roshni Act) unconstitutional.
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