What is the Nazul Property Act? What inspired the Yogi government to introduce it?

The Nazul Property Bill, which was introduced in the Uttar Pradesh assembly, has been shelved for now, but the bill is not dead if Chief Minister Yogi Adityanath has his way. The bill may be shelved again with some amendments.

It is not as if the government has suddenly designed and introduced the Nazul Land Bill; discussions on the Bill have been going on at the government level for quite some time with the aim of preventing the division of around 75,000 acres of Nazul land, worth Rs 2 lakh crore, in the state.

The Nazul lands never belong to any specific person. Before and after independence, leases of these lands were granted to people. These lands were valuable then and remain valuable today because a large portion of such lands are located in the middle of large cities.

In 1993, the Bohra Commission, established on the Nazul estate, submitted a report expressing concerns about an organised group of politicians, criminals, land mafias and bureaucrats.

The report mentioned that the main source of income in large cities is the forced occupation of land and buildings related to real estate, evicting current residents and tenants, and buying and selling such properties at low prices — a practice that has become a business.

The report also raised concerns about links between politicians, the mafia, military officers and criminals.

How is Nazul land illegally occupied?

There are 72,000-75,000 acres of land belonging to the Nazul tribe in Uttar Pradesh and its market value is over Rs 2 lakh crore.

Illegal occupation of Nazul land takes place when someone holds a lease on valuable Nazul land and is weak or an easy target, then the land mafia prepares fake documents and provides him freehold status at a very low price.

If there is no heir to the land leased during the British period, then first the big land mafias and criminals in the city illegally occupy it. Then, through collusion with the officers, land mafias and politicians, they acquire a fake freehold status and build large commercial complexes and commercial activity centres on this leased land, establishing enterprises worth lakhs of crores.

The Yogi government has recently taken action against several big mafias. Ateeq Ahmed, known as the biggest land mafia in Prayagraj, has encroached on many Nazul lands, from Civil Lines in Prayagraj to Hazratganj in Lucknow. In the guise of such business activities, he has grabbed property worth thousands of crores.

Political influence was also built with the help of this money. Gangster Mukhtar Ansari also entered Nazul territory in many major cities, including Lucknow, and built a large business empire.

Chief Minister Yogi Adityanath has reclaimed large tracts of land from the two mafias and politicians, building houses for the poor in Prayagraj. Similar plans are underway in Lucknow.

What did the UP Nazul bill contain?

The proposed law does not contain any provisions for evicting anyone. Instead, it focuses on rehabilitating the poor. There is no law that would make Nazul land free from dues.

What is the Yogi government’s proposed Nazul law?

In the larger public interest and considering the suspension of all Nazul policies due to the repeal of the Government Grants Act, 1895, the State Government intends to retain the Nazul land. For this purpose, the Government has implemented the Uttar Pradesh Nazul Property (Management and Use for Public Purpose) Ordinance, 2024.

As per the regulations, this ordinance has been introduced in both houses of the legislature to become law. The proposed law does not mention the eviction of any resident. Instead, it authorizes the government to enact laws to rehabilitate the poor and ensure their resettlement.

Key Aspects of the Nazul Land Act:

1. After the implementation of this Act, no Nazul land in Uttar Pradesh will be transferred to any private person or private entity. Nazul land will be granted only to public entities, state or central government departments or government institutions related to health, education or social cooperation.

2. The vacant Nazul lands, whose lease period is coming to an end, will not become private property but will be used for public interest projects such as hospitals, schools, government offices etc.

3. Property owners who applied for freehold status before 27 July 2020 and paid the required fee will have the option to renew their lease for a further 30 years after the end of the lease period, provided they have not breached the original lease deed.

4. No one will be removed from any land on which a population lives or where the land is used in the wider public interest. No one will be evicted from land currently in use.

5. The lease agreement of all holders who have not violated the lease deed during its duration will be cancelled.

6. If any building is constructed on Nazul land and it is deemed necessary in the public interest to remove it, the Government shall compensate the aggrieved person for the cost of infrastructure or building constructed by such lessee in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

7. This law authorizes the government to legislate in favor of the poor inhabitants of the Nazul lands, protecting their interests and ensuring their rehabilitation.

8. In the event that the full title deed was prepared as a result of fraud or by concealing facts that influenced the government’s decision to grant such title, the government will have the right to invalidate the deed and regain possession of the land and building.