What is Nazul Property Bill? Controversial Law Passed in UP Amid Opposition by BJP's Own MLAs – News18

The state assembly on Wednesday cleared the Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Bill, 2024 amidst strong opposition not only by the INDIA bloc but also from Bharatiya Janata Party (BJP) MLAs and allies.

The ongoing UP Assembly session was in for a surprise on Wednesday, the day when the ‘infamous’ Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Bill, 2024 was tabled in the state assembly. What came as a bigger surprise and embarrassment for the Yogi government was its own MLAs raising objections along with its allies and the opposition against the bill.

What is Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Bill, 2024?

The Uttar Pradesh Nazul Property Bill, 2024, aims to regulate Nazul land — government-owned but not directly managed as state property — by preventing its conversion into private ownership. Under this Bill, court proceedings or applications for transferring Nazul land to private individuals or institutions will be cancelled and rejected, ensuring these lands remain under government control. If payments were made anticipating ownership changes, the Bill mandates refunds with interest calculated at the State Bank of India’s Marginal Cost of Funds Based Lending Rate (MCLR) from the deposit date.

Additionally, the Bill allows the government to extend lease for current leaseholders in good standing, who regularly pay rent and comply with lease terms. This ensures compliant leaseholders can continue using the land while maintaining it as government property. The Bill aims to streamline Nazul land management and prevent unauthorised privatisation.

When BJP’s Own MLAs Objected To The Bill

BJP MLA from Prayagraj Harshvardhan Bajpai on Wednesday objected to his government’s Bill preventing the conversion of Nazul land into private freehold. “If the government takes one or two (properties), nothing will change. But I am talking about those who live in one or two-room slums. In Prayagraj, they are called ‘Sagar Pesha’. This term originates from the British Raj, where ‘Shagird Pesha’ (followers in service) were given space near bungalows. These families are living there since the time of British rule… over 100 years ago… On one hand, we are giving houses to the poor under the PM Awas Yojna, and on the other hand, we are telling thousands of families to get out. We are taking the land. Ye nyaysangat nahi hai (This is not lawful),” said Harshvardhan Bajpai, who was perhaps the first one to raise the objection.

Adding more clarity to his point, Bajpai further gave an example of a homemaker, stating that he met a homemaker whose house is located in a 100-yard area. “She told me what the government will get from this sau gaj land… Our top leadership wants that the property rights of the people should be clear. Prime Minister (Narendra) Modi has also spoken many times to bring a law to bring clarity in property rights and intellectual property rights,” added Bajpai.

Bajpai’s response got a thumping support from the opposition. However, even before Bajpai could speak further over the bill, Parliamentary Affairs Minister Suresh Khanna stood up and told Bajpai, “Aap samajh nahi rahe ho. Pahle padh toh lo (You are not getting it. First, read it).” However, Bajpai continued to say that there should be a provision in the law that those possessing Nazul land should get a chance to convert these pieces of land into a freehold.

Another BJP MLA from Prayagraj district, Sidharth Nath Singh, was the second one to register his objection to the bill, suggesting that suggestions should be taken into consideration. Singh said that those with bonafide ownership of Nazul land should get their lease renewed.

Similarly, Jansatta Dal Loktantrik MLA Raghuraj Pratap Singh said that this bill may be small, but its consequences are big. He said that Siddharth Nath Singh and Harshvardhan are opposing this bill in the interest of the party. He questioned that in a case it has come to light that the High Court is also on Nazul land, and whether that will also be vacated. He appealed to the government to reconsider this Bill.

Anil Tripathi of the Nishad Party demanded an amendment to the bill and advocated for it to be handed over to the Select Committee. Congress MLA Aradhana Mishra Mona termed the bill anti-people, urging reconsideration. She argued that the law would destroy homes built with a lifetime’s hard-earned money, rendering lakhs homeless and facilitating large-scale misuse. She noted that government offices and hospitals are built on Nazul land.

Opposition Demands Withdrawal, UP Govt Clarifies

Samajwadi Party MLAs, however, rushed into the well of the House, raised slogans and staged a dharna, demanding withdrawal of the bill.

However, State Parliamentary Affairs Minister Suresh Kumar Khanna assured the House that economically weaker sections have been given relief in the bill. He stated, “The state government will take cognizance of the points raised by the Opposition, and the weaker sections will not be evicted.” Khanna emphasised, “Under the Constitution, Nazul land belongs to the government, and people cannot get ownership. No person will be deprived of property if allotted by the authority under the law. Those who have deposited money will get their lease renewed.”

Khanna assured that “people who have not violated conditions and maintained the lease will get relief; their lease will be renewed.” He added, “The state government has the power to frame rules under the bill. The conditions will be defined in the rules. Educational institutions will not be removed. The rights of people will be protected.” Khanna emphasised, “Government land is used in the public interest and development.”

He further stated, “People can get their lease renewed for 30 years if they have not violated the rules. They also have the option to get their money back if they do not want to renew the lease.”

Why is Nazul Property Bill Needed?

Khanna highlighted the urgent need for land for various development activities of public importance. He stated, “To make land available for use in development activities, the recourse is to acquire land that would incur a huge expenditure and enormous delay in the process.” Khanna explained that Uttar Pradesh has Nazul land leased to private individuals and entities under the Government Grants Act of 1895 and 1960. “The UP government has, from time to time, come out with a policy of declaring Nazul land freehold in the public interest,” he said.

Khanna pointed out that earlier policies led to multifarious claims, draining land banks. “It is no longer in the interest of the UP government to continue with these policies and to permit conversion of Nazul land into freehold in view of the public interest,” he argued. He asserted, “If the state government re-enters its Nazul land, it will ensure that land is available to the government without acquiring land under the land acquisition laws.”

Following the repeal of the Government Grants Act of 1895 by Parliament, the UP government suspended all policies related to the management and disposal of Nazul land. Khanna said, “A large number of litigations are pending in courts seeking conversion of Nazul land into freehold, resulting in uncertainties in respect of the interest of the government.”

He concluded, “There is a need for legislation that would cater to the interest of the state government so that Nazul land can be reclaimed by the government for public use and development activities that were hampered for want of land.”

However, despite the uproar, twists and turns, the UP Assembly eventually passed the Nazul Properties Bill, “ensuring relief for the economically weaker section of the society.”