Plea In Allahabad High Court Challenges UP Govt's Recent Ordinance On Nazul Land Policy

A petition has been moved before the Allahabad High Court challenging the recent ordinance of the Uttar Pradesh Government concerning the Nazul land policy. Hearing the matter last week, the Court granted time to the counsels for the state to seek instructions in the matter.

It may be noted that on 7th March 2024, the State Government of Uttar Pradesh notified the Uttar Pradesh Nazul Properties (Management and Utilization For Public Purposes) Ordinance, 2024 by which any Nazul land shall not be converted into freehold in favour of any private persons or private entities after the commencement of the Ordinance.

Nazul means “any land or building which is the property of Government on the basis of public records maintained by the Government”. It also includes all properties in respect of which lease, license, or occupancy has been granted under any law as the Government may declare by notification.

By virtue of Clause (3) of Section 3 of the Ordinance, all proceedings or applications pending in any Court or before any authority seeking conversion of Nazul Land as freehold shall be deemed to be lapsed/ rejected. It is further provided that any money deposited with such applications shall be returned with an interest rate equivalent to the Marginal cost of funds-based lending rate (MCLR) of the State Bank of India from the date of deposit.

In other words, the ordinance prescribes that there will be no freehold of such land and no extension of the lease after the lease period ends. This action aims to prescribe that upon the expiration of the lease period, ownership of Nazul lands gets transferred to the State.

Hearing the petition filed by one Dr Ashok Tahiliani on March 15, a division bench of Justice Saumitra Dayal Singh and Justice Surendra Singh-I gave the liberty to the standing counsels to seek instructions in the matter and directed to put up the case on April 5 for the next hearing.

During the course of the hearing, Tahiliani's counsel submitted that the matter was an urgent one as there was an imminent threat of demolition of structures, however, the Standing Counsels submitted that as of date, no steps have been taken to evict the petitioner or to demolish any construction. 

Read more about the UP Govt's ordinance here: UP Govt Notifies Ordinance Declaring 'Nazul' Land Will Not Be Converted To Freehold Land In Favor Of Private Persons/Entities