The Roshni Act, formally known as the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001, has been at the center of a significant controversy that has drawn both public and legal scrutiny. Over the years, the Act has evolved into a contentious issue, leading to its eventual repeal by the former Governor of Jammu & Kashmir. This article delves into the origins of the Roshni Act, the controversy that followed, and the legal battles surrounding it, providing a comprehensive overview for those preparing for exams like the UPSC.
What is the Roshni Act?
The Roshni Act was introduced by the Jammu & Kashmir government in 2001 under the leadership of Farooq Abdullah, the then Chief Minister from the National Conference party. The Act aimed to regularize unauthorized land holdings in the state by transferring ownership of state land to its occupants in exchange for a fee.
- Main Objectives of the Act:
- To generate revenue for the state by selling land occupied without legal title.
- The revenue generated was intended to fund hydropower projects, hence the name "Roshni" (which translates to "light").
- It set 1990 as the cut-off year for recognizing encroachments, meaning that any encroachments made before 1990 could be regularized under the Act.
Over the years, several amendments were made to the Roshni Act:
- In 2005, the coalition government led by the People's Democratic Party (PDP) and Congress extended the cut-off year to 2004.
- Later, the Ghulam Nabi Azad-led government further amended the Act, setting the premium for land transfer at 25% of the prevailing market rate, and shifting the cut-off year to 2007.
- Agricultural land, however, was exempted from fees, with occupants only needing to pay a nominal documentation charge.
Expectations and Reality
The state government initially projected ambitious targets under the Roshni Act:
- The aim was to raise ₹25,000 crore through the sale of state land.
- A total of 20.46 lakh kanals (equivalent to 1.02 lakh hectares) of land was earmarked for transfer, with 4.44 lakh kanals in Kashmir and 16.02 lakh kanals in Jammu.
However, the actual outcomes fell drastically short of these projections:
- Only 6.04 lakh kanals were approved for transfer, and of this, just 3.48 lakh kanals were ultimately transferred to occupants.
- The state collected a mere ₹76.46 crore, far short of the projected ₹25,000 crore.
Most of the land transferred under the Roshni Act in Kashmir was leased out for residential and commercial purposes. This stark disparity between the initial goals and actual results is one of the key issues that led to increased scrutiny of the Act.
The Roshni Act Controversy
The Roshni Act came under intense scrutiny due to allegations of corruption, favoritism, and illegal land grabs. The controversy first gained momentum in 2014, when the Comptroller and Auditor General (CAG) of India flagged multiple irregularities in the implementation of the scheme.
- Key Allegations:
- Arbitrary Reductions in Land Prices: The CAG report alleged that the prices for regularizing land were reduced arbitrarily, disproportionately benefiting politicians, bureaucrats, and influential people.
- Corruption: The report highlighted that the meager revenue collected—₹76.46 crore—was a small fraction of the projected ₹25,000 crore, raising suspicions of large-scale corruption and illegal land acquisitions.
- Unlawful Allotments: There were cases where land was transferred to ineligible occupants who did not meet the criteria set by the Act.
In 2015, FIRs were filed by the state vigilance organization against several individuals who had acquired large swathes of land illegally. One of the most prominent cases was the Gulmarg land scam, where high-ranking bureaucrats were accused of transferring land under the Gulmarg Development Authority to private entities without following due process.
The Repeal of the Roshni Act
In October 2018, Satya Pal Malik, the then Governor of Jammu & Kashmir, repealed the Roshni Act prospectively. This meant that while no new allotments of land could be made under the Act, those who had already received land could retain their holdings. Malik also ordered a thorough investigation by the state's Anti-Corruption Bureau into the irregularities of the Act.
In response to these developments, a petition was filed in the Jammu & Kashmir High Court demanding that the case be transferred to the Central Bureau of Investigation (CBI) for a more thorough and impartial inquiry.
High Court Ruling on the Roshni Act
In October 2020, the Jammu & Kashmir High Court declared the Roshni Act unconstitutional, illegal, and unsustainable. The court held that all land transfers made under the Act were void ab initio, meaning they were null from the beginning.
The court also issued directives:
- CBI Investigation: It instructed the CBI to investigate all land transfers and irregularities that occurred under the Roshni scheme.
- Public Disclosure: The government was directed to publish the names of all individuals, including prominent political and business figures, who benefited from land allotments under the Act.
Following this ruling, the Jammu & Kashmir government announced plans to retrieve all land that had been allotted under the Roshni Act within six months. This decision was significant, as it marked an attempt to reverse the land transfers made over two decades.
Recent Developments and Review Petition
In a surprising turn of events, the Jammu & Kashmir government filed a review petition in response to the October 2020 High Court ruling. The review petition sought modifications to the earlier judgement, arguing that the blanket annulment of all land transfers would unfairly harm ordinary citizens.
- Key Arguments of the Review Petition:
- Impact on Common People: The petition highlighted that not all land transfers were fraudulent or illegal. Many landless farmers and small-scale occupants had acquired land through the Act, and lumping them together with wealthy and influential land grabbers would be unjust.
- Focus on Major Violators: The government argued that the CBI investigation should focus on powerful and influential individuals who had exploited the Act to acquire land unlawfully, rather than targeting small landholders.
The review petition demonstrated the complexities involved in balancing the need for justice with the practical realities faced by ordinary citizens who had benefited from the Act.
Conclusion
The Roshni Act, initially introduced as a means of regularizing unauthorized land and generating revenue for hydropower projects, became one of the most controversial pieces of legislation in Jammu & Kashmir's history. Allegations of corruption, favoritism, and illegal land deals plagued the Act, leading to its repeal and subsequent legal battles.
The Jammu & Kashmir High Court's ruling in 2020, which declared the Act unconstitutional, signaled the state's commitment to addressing past wrongs and ensuring accountability. However, the review petition filed by the government underscores the challenges of undoing decades of land transfers without adversely affecting vulnerable populations.
As the legal proceedings continue and the CBI investigates the major violators of the Act, the Roshni scheme remains a powerful reminder of the delicate balance between governance, transparency, and the rights of citizens. For those preparing for competitive exams, the Roshni Act provides a rich case study in public policy, legal reforms, and the complex interplay between law and governance in India.
