What is Nazul Property Bill & why even BJP MLAs are opposing the controversial law in UP

The Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Bill has been sent to a select committee amid strong opposition from INDIA bloc and BJP members, a day after it was cleared by the state assembly.

Several BJP legislators as well as NDA allies were against the bill and met chief minister Yogi Adityanath on Wednesday to express their concerns.

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

The Uttar Pradesh Nazul Property Bill, 2024, aims to regulate Nazul land by preventing its conversion into private ownership. Nazul land is government-owned but not directly managed as state property. In simpler words, it is land that the government controls and uses for public purposes, such as building infrastructure or administrative offices.

The Bill proposes that any court proceedings or applications for transferring Nazul land to private individuals or institutions will be cancelled and rejected, ensuring that 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.

It gives government the power 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.

Why opposition & BJP MLAs are expressing concerns

Opposition MLAs, including those from the Samajwadi Party and Congress, argue that the Uttar Pradesh Nazul Properties Bill, 2024, is harmful to low-income families and communities living on Nazul land. They contend that the bill's strict provisions, which prevent the conversion of Nazul land to private ownership, could lead to the eviction of longstanding residents, causing significant hardship for those who have lived on and invested in these lands for generations. They also express concern that the bill could lead to the destruction of homes built over many years, as well as misuse and displacement of residents who have relied on these lands for their livelihood.

BJP MLAs, including Harshvardhan Bajpai and Sidharth Nath Singh, have also raised objections to the bill's approach, arguing it does not account for the historical and practical realities of those currently living on Nazul land. They suggest that the bill’s rigid stance on preventing any transfer of Nazul land to private ownership fails to acknowledge the legitimate claims and needs of current leaseholders, who might be adversely affected.

For instance, Bajpai said that the law would negatively impact long-standing residents, including those in slum areas like Prayagraj. He said it would lead to displacement of families who have lived on these lands since the British era.

“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),” he said.

Apna Dal (S) leader and BJP ally Anupriya Patel objected to the passage of the bill, saying it was “unnecessary” and “against the public sentiments”.

What did the UP government say?

In a bid to assuage these concerns, UP parliamentary affairs minister Suresh Kumar Khanna assured that the economically weaker sections will not face eviction.

He stressed that while Nazul land cannot be privately owned, existing leaseholders who comply with lease terms will have their contracts renewed for up to 30 years and can receive refunds if they choose not to renew. The bill aims to protect the rights of current occupants and ensure that government land remains available for public use and development, the government has assured.

Khanna also noted that the bill, after being passed in the assembly, was referred to a select committee for further review, addressing concerns raised by some BJP legislators.

He added that the bill is needed to reclaim government land for essential public development activities, addressing delays and costs associated with land acquisition.

“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," he said.