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Bill to vest nazul property back with govt after lease ends, Real Estate News, ET RealEstate


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LUCKNOW: Amid protest in the Assembly, govt on Wednesday managed to get the Nazul Property (Management and Use for Public Purpose), Bill 2024 passed. It envisages vesting of all nazul property, given on lease to individuals or organisations, back with govt, albeit with certain riders.

The Bill was tabled by parliamentary affairs minister Suresh Khanna on behalf of CM. It replaces the ordinance promulgated in March this year with the same purpose.

According to the Bill, nazul is a property maintained and vested with the state govt as per Article 296 of the Constitution. The properties include those taken over by the erstwhile British govt from the freedom fighters also. It does not include the state property under the control of the board of revenue or the forest or irrigation departments or those falling in the ambit of the department of defence, postal, railways or any other central govt department.

The bill entails prohibition on getting the nazul property freehold by private individuals or organisations. In fact, all such properties will get vested with the govt on the date of expiry of lease. Occupation of such properties would invite a rent which would be decided by the district authorities on a market rate basis.

Khanna, however, maintained that those in possession of the nazul land could petition govt. “Their petition would be considered on a priority basis,” he said.

He said the bill has provision to “rehabilitate the economically poor section of the society affected”. He said that the state govt would renew the lease of people who had deposited the requisite fee. Likewise, lease will also be renewed for a period of 30 years for those who have not violated the lease rules and obligations. Nevertheless, the govt will have complete powers to take over nazul land or the building if it comes to know that the possession of the property was taken “fraudulently”. The affected parties may, however, petition the govt within a period of 30 days, Khanna told the House.

He said that the idea behind bringing the bill was to expedite development in the state.

The bill evoked sharp response from the opposition, especially SP MLAs who stormed the well and termed the bill a “black law”.

Samajwadi Party said the bill should be referred to a select committee which may give its report within a month.

SP MLA RK Verma said that the issue was already being heard by the Allahabad high court. He said that the Act would lead to confusion and despair among the affected people. Congress MLA Aradhana Mishra said that the bill would hit scores of people.

The opposition demand received a backing from a section of saffron quarters. BJP MLA from Allahabad (north) Harshvardhan Bajpai said that the Act would deprive the people, essentially poor, from the right to live with dignity. He said that the SC itself has stayed in a similar order seeking to vacate properties on nazul land.

Nishad party MLA from Mehndawal in Sant Kabir Nagar, Anil Tripathi too termed the bill “inappropriate”.

  • Published On Aug 1, 2024 at 11:00 AM IST

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