Jammu Kashmir High Court orders refund of premium paid under Roshni Act

Jammu Kashmir High Court orders refund of premium paid under Roshni Act

JAMMU, Sept 5: The High Court of Jammu & Kashmir and Ladakh has directed the Government to refund the premium amount deposited by a Rajouri resident under the scrapped Roshni Act, while rejecting his plea for compensation or alternative land.

Justice Sanjay Dhar held that since the Roshni Act has been declared unconstitutional retrospectively, the land allotted to the petitioner Bashir Ahmed Bhat in 2008 had reverted to the State and no compensation could be claimed for its demolition during road widening at Abdullah Bridge, Rajouri.

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The petitioner had deposited Rs 22,220 as premium at the time of allotment and later constructed a small platform for commercial use.

The court observed that although his ownership under the Roshni Act had become void, the Government was bound under the principle of restitution to refund the deposited amount with 6% interest from the date of filing the writ petition till payment.

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