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| Roshni: Dark deals and misleading figures | | Govt caught on wrong foot on land regularization applications | | Zafar Choudhary
Srinagar/Jammu, Aug 18: Seven years back the then Chief Minister Dr Farooq Abdullah described it as a rare milestone in history of Jammu and Kashmir set to illuminate every household. In 2006, the then Chief Minister Ghulam Nabi Azad portrayed it as the only best thing to have happened to Jammu and Kashmir after the 1949 agrarian reforms brought by Sheikh. Both observations notwithstanding, Roshni Act has proved as one of the most controversial legislation in the state in recent years.
Originally enacted by the National Conference government, the Roshni Act was conceived to vest ownership rights upon illegal occupants of government land on subsidized rates. The amount realized thereof was proposed to be spent on creating power generation infrastructure. Indeed, a visionary policy!
During tenure of Congress-PDP coalition government, the then Chief Minister Ghulam Nabi Azad got the Act amended in the legislature to simplify the procedure, further slash down rates and offer large chunk of land to the rural poor just for a token price of Rs 100. Allegations have, however, always cropped up that the Roshni Act helped the rich colonizers and shady land dealers more than anyone else. The government has always vehemently denied such allegations.
Rs. 25,000 crore revenue targeted under the original Roshni Act was proposed to be deposited in a Special Fund for Power Generation in the State. However, due to amendments in the original Act in the year 2004 and 2006 free ownership rights were conferred to the Occupants on a vast chunk of land due to which the targeted revenue under the Scheme could not be achieved.
Application for regualrisation of government lands were invited from the illegal occupants with the deadline of March 31, 2006. In view of amendments, the deadline was later extended till March 31, 2007.
There is very little to practically substantiate the allegations that the Roshni Act helped the land dealers more than genuine occupants of land, but the government’s record itself speaks volumes about the scandal in making.
This issue was raked up in the Legislative Assembly today where members cutting across the party lines (ruling National Conference members were more vocal) demanded thorough inquiry into the land regularization process under Roshni Act. Look at the following to see how government was caught at the wrong foot:
In March 2009, the Government informed the Legislative Assembly that only 80420 cases were pending disposal before the designated authorities. Interestingly, when same question was tabled in the Legislative Assembly today, the Government informed that 115207 cases were still pending disposal before authorities. Even as the deadline for filing applications had ended on March 31, 2007, there is an increase of 34787 cases since the government shared the status in Legislative Assembly in March this year.
The MLAs questioned how more than 34000 applications made way for regularization when no fresh notification was issued extending deadline beyond March 31, 2007.
The Revenue Minister Raman Bhalla, who has been into the office only for a little over a month, found himself cornered when he came across the startling contrast in the figures he presented and those which were tabled in the House in March this year.
The official press note released by the Government on both occasions is reproduced here to make the
Glaring contradictions
• The deadline for applications for regularization of land under Roshni Act ended on March 31, 2007
• On March 9, 2009, the Government informs Legislative Assembly that 2,00,659 applications were received, 120239 have been disposed off, so far, and 80240 applications were still pending disposal
• On August 18, 2009, the Government informs Legislative Assembly that 243509 applications were received, 128302 have been disposed off, so far, and 115207 applications were still pending disposal
• The MLAs asked the government to explain as how number of applications increased by 34787 between March 2009 and August 2009 when application deadline had ended way back on March 31, 2007
• The Revenue Minister Raman Bhalla has said that all applications were received in time but some were deficient in formalities and therefore were not entered in records when last information was shared. The MLAs have, however, asked for inquiry.
Assembly-2009
Question Hour
Srinagar, August 18, 2009
The Minister for Revenue, Raman Bhalla today informed Legislative Assembly that 54136 kanals of land has been transferred to the occupants under Roshni Act in Jammu province so far for which Rs. 15.75 crore revenue has been realized from them. He said 212667 kanals of land is yet to be transferred to the occupants in Jammu region out of land approved by the committee set up for the purpose.
Replying to a question of Sharief Niaz read by Vakar Rasool regarding transfer of land to the occupants under Roshni Act in Legislative Assembly today. The Minister said that in Kashmir division about 6223 kanals of land have been transferred among the occupants against a revenue of about Rs. 40 crore realized from them. He said 24964 kanals of land are yet to the transferred to the occupants who have applied for the purpose. The Minister also gave tehsil wise details of the land transferred to the occupants under Roshni Act. Reply to another identical question by Choudhary Zulfikar, the Revenue Minister, Bhalla said that a total of 2, 43509 applications including 107069 in Kashmir and 136490 in Jammu province have been received for grant of Ownership Rights under the J&K State Lands (Vesting of Ownerships Rights to the occupants). Out of these 1,28302 application have been disposed off (pending 115207). He said 7108 applications have been disposed off since January 2009 till date.
Assembly-2009
Question Hour
Jammu, March 09, 2009
Minister for Finance, Abdul Rahim Rather today said in the Legislative Assembly that under Roshni Act, a total number of 2,00,659 applications have been received in the State. Of these, 1,49,786 applications have been received in Jammu Province while as 50,873 in Kashmir Province. He said as many as 1,08,927 and 11,312 applications have been disposed off in Jammu and Kashmir Provinces respectively while as 40,859 applications in Jammu Province and 39,561 in Kashmir Province are pending disposal.
Replying to a question, raised by Choudhary Zulfkar Ali, during Question Hour in the House, the Minister said Rs. 15.47 crore revenue has been realized in Jammu Province and Rs. 39.64 crore in Kashmir Province by implementation of the Roshni Act. The Minister said under the Act, commercial potential of the area, local enquiry from local people, auction rate of local area, productivity of land, location of the land and sale deeds have been fixed as the criteria. Rather said that utmost care has been taken for determination of the rate to be proposed for adoption under Stamp Duty Act. He said that Roshni Act applies to Kaap and Banjar Qadeem lands also. Replying to the supplementaries, Mr. Rather said that 80,420 cases are pending under the Act due to some lacunae in the fulfillment of the formalities on part of the occupants, where no timeframe can be fixed for disposal of the held-up cases.
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