UP Govt Notifies Ordinance Declaring 'Nazul' Land Will Not Be Converted To Freehold Land In Favor Of Private Persons/Entities

On 7^th 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 favor 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 way of Section 3(1), the State Government has notified that:

“3(1) Notwithstanding any judgment, decree or order of any Court to the contrary or, any other law or any Government order for the time being in force, Nazul lands located in Uttar Pradesh shall not be converted to freehold in favour of private person or private entity after commencement of this Ordinance.”

By virtue of Clause (3) of Section 3, 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 interest rate equivalent to the Marginal cost of funds-based lending rate (MCLR) of the State Bank of India from the date of deposit.

It has been provided that such Nazul Land will only be provided to public entities.

For the subsisting lease agreements, it has been provided that if no lease conditions have been violated and rent has been paid regularly, then the lease agreement shall continue till the expiry of the lease. In case the lease conditions have been violated, then the District Magistrate must provide an opportunity to the leaseholder before sending a recommendation of lease cancellation to the State Government.

Click Here To Read The Ordinance