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Sunday, November 28, 2021

Current issues in india 2021 :- Roshni Act, Various Aspects

Roshni Act: Various Aspects
Due to the unjust policies of the colonial rule during the British period, there was a lot of inequality in the land properties in India. Because of this the landlords and the affluent class had a lot of land and most of the farmers were landless. One of the main objectives of the Government of India after independence was the task of 'equitable land distribution in the country'. Land ownership laws were enacted in various states in the 1950-60s, which were amended in the year 1972 on the instructions of the Central Government.
Significantly, Jammu and Kashmir was the first state to introduce Land Reform Law in the year 1950. The Jammu and Kashmir State Land Act, 2001 was brought by Farooq Abdullah's government in the year 2001 which was later named as Roshni Act. The purpose of bringing this law was to regularize the unauthorized occupation of state land. This law was to give ownership rights to those who encroached on government land in Jammu and Kashmir for several decades. For this, the year 1990 was fixed as the cut off year. The Act was amended twice. During that time the cut off price was first made as per 2004 and then as on 2007. Under the Roshni Act, the amount received by the allotment of land was to be used for the improvement of the electrical infrastructure, but the allotment of land was not done properly. Under this, lakhs of hectares of government land was distributed to the people at a low cost. Only 15-58 per cent of the land got approval for ownership. Under the Roshni Act, the target of the then state government was to hand over 20 lakh kanals of government land to illegal occupants, in return for which the government would earn Rs 25,000 crore by taking money from the market price and use it to meet the severe power shortage in the state. .

Before the implementation of the Roshni Act, one million kanals of government land was in the possession of the people. As per the provision of the Act, the government land which was occupied before 1990 Only he could take advantage of it, but by amendment, the 1990 provision was removed. The difference was found between the market rate of the land and the money received by the government. By reducing the government rate of expensive lands, lands were bought at low prices, causing loss to the government and huge profit to the scammers.

On November 28, 2013, former Governor Satya Pal Malik canceled this scheme and attributed it to low revenue and failure in the objectives. According to the CAG report in 2014, irregularities were found in the transfer of land between 2007 and 2013. Instead of Rs 25,000 crore, only Rs 76 crore was deposited. A Public Interest Litigation was filed in the High Court and the High Court has prima facie held the 'big government officials' guilty of allowing public lands to be illegally encroached upon by private owners. The High Court dismissed this act as unconstitutional and also ordered cancellation of the transfer of the land allotted under it. Along with this, it was also said to make the names of the beneficiaries public. This was initially declared void by the High Court.

However, in a recent U-turn, the Jammu and Kashmir administration has sought amendments to the High Court judgment passed on October 8, which declared the Roshni Act of 2001 to be void and ineffective in the Union Territory. And directs to abolish the ownership rights of the people living on government land.
Why the need for review of orders?

According to the logic given in the petition, by this order, a large number of common people are being feared unintentionally suffering. This includes landless farmers as well as those who live on small lands.

It is unfortunate that they are among the rich and those who illegally occupied the land. Those who have created ownership over the land of the State through the provisions of the Act so far.
What needs to be done?

Establishing a distinction between the two classes of people: There is a need to establish a distinction between the house holder or the landless farmer with personal use housing.

The CBI investigation needs to focus on the design of the legal and policy framework.

If seen, even at present, land reforms are a matter of serious concern at the national level. Comprehensive land reform policy is an essential condition for agricultural reforms and agricultural development, but much remains to be done in this regard. Land is still an important part of property in India. Small holdings can also be economically viable for the farming family in terms of employment and income. Therefore, it is necessary to consider all the necessary points before taking any final decision regarding the land. At the same time, measures related to elimination of middlemen, improvement in tenancy, distribution of surplus cultivable land, consolidation of holdings and updating of land records need urgent attention.

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