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J&K HC orders CBI inquiry into discrepancies in transfer of state land under Roshni Act

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SRINAGAR: Jammu & Kashmir High Court has ordered for Central Bureau of Investigation(CBI) inquiry into transfer of state land to the occupants under the Roshni Act, while disposing of a bunch of Public Interest Litigations (PIL) seeking in depth inquiry into alleged discrepancies in the process.

JK High Court Double bench comprising Chief Justice, Justice Gita Mittal and Justice Rajesh Bindal, after pointing out numerous discrepancies and seeking an in depth inquiry by the premier investigating agency issued a string of directions to the Government.

The Double Bench, in view of detailed observations, directed as follows-

The Commissioner/ Secretary to Government Revenue Department, shall ensure that following information regarding district wise State lands as on 1st January, 2001, are compiled and posted on the official website as well as the NIC website.

The details of the State land which was in illegal and unauthorized occupation of person(s)/ entities with full identity of encroachers and particulars of the land.

The details of: (a) the applications received under the Roshni Act, 2001; (b) the valuation of the land; (c) the amounts paid by the beneficiary; (d) the orders passed under the Roshni Act; and (e) the persons in whose favour the vesting was done and also further transfers, if any, recognized and accepted by the authorities.

Complete identities of all influential persons (including ministers, legislators, bureaucrats, government officials, police officers, Page 60 of 64 IA No. 48/2014 & CM Nos. 4036, 4065 of 2020 in PIL No.19/2011 businessmen etc.) their relatives or persons holding benami for them, who have derived benefit under the Roshni Act, 2001/ Roshni Rules 2007 and/or occupy State lands.

The Divisional Commissioners, Jammu as well as Kashmir, shall place on record district-wise full details of the encroached State land not covered by the Roshni Act, Rules, Scheme(s), order(s) which continues to be under illegal occupation; the full identity and particulars of the land and person(s)/entities encroaching the same.

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