SRINAGAR: Two months after celebrating the High Court judgement on Roshni, the Jammu and Kashmir government has gone to the court seeking a review.
The affidavit submitted before the court by Special Secretary in the Revenue Department has pleaded, “large number of common people would suffer unintentionally”.
“This includes landless cultivators ad individuals who are themselves residing in dwellings on small areas,” the affidavit submitted on December 4, reads. “They are unfortunately clubbed along with rich and wealthy land grabbers who have obtained a title over state and through the provisions of now struck down Act.”
It pleads further: “That there is a need to distinguish between these two classes of people; the fact of being either a landless cultivator or householder with at the most one dwelling house in personal use would be the primary criteria for differentiating between two classes.” It seeks permission to actually come up with a mechanism in coming days that will bestow the possession to the two classes. “No relief would also be provided to any other category such as institutional, commercial use and the title to the land would be vested with the Government,” it adds.
The latest submission also highlights the apprehension that the verdict by the High Court may lead to an unintended roving inquiry by the CBI who may go on endlessly without generating the results.” It wants the government employees who implemented the, now binned, law should not be harmed. “Any enquiry should best take on fraud or malafide or criminal intent,” the affidavit reads. “Any enquiry should focus only on encroachment of government land or obtaining government land through fraudulent means.”
The affidavit, however, pleads that CBI must focus “on the influential and powerful people who defrauded the state.” Besides, the government has said that the cases currently being investigated by the Anti Corruption Bureau should be exempted from being transferred to the CBI.
The government has also sought permission to constitute special teams that will investigate the multiple transactions involving the land under Roshni. The outcome of these investigations will eventually be given to the CBI.