'Nazul Land Bill can cause anarchy': Fearing flare-up, Yogi govt parks proposed law in Upper House

Uttar Pradesh CM Yogi Adityanath

In a calculated move, the Uttar Pradesh Government navigated a precarious situation regarding the Nazul Land Bill, officially known as the Nazul Property (Management and Use for Public Purpose) Bill 2024. The Bill, passed by the Uttar Pradesh Vidhan Sabha and subsequently referred to the select committee of the Uttar Pradesh Vidhan Parishad, empowers the state to reclaim Nazul properties (government properties) leased to private individuals and entities for public use and development activities.

This legislation has posed a significant challenge for the BJP, which is still recovering from poor performance in the recent Lok Sabha elections. The initiative, led by UP BJP chief Bhupendra Chaudhary, an MLC, involved requesting chairperson Manvendra Singh to refer the Nazul Bill to the Upper House's select committee. The chairman agreed, granting the committee two months to provide suggestions. This coordinated strategy aimed to neutralize potential opposition attacks over the issue.

On March 7, 2024, the Yogi government issued the Uttar Pradesh Nazul Properties (Management and Utilisation For Public Purpose) ordinance, which the proposed bill aims to replace. The ordinance barred the conversion of Nazul land into freehold for private individuals, targeting illegally seized land and lease violations. However, the ordinance's impact extended beyond properties occupied by land mafia, affecting numerous families settled on Nazul land.

Highlighting the fallacies of the Bill Harshvardhan Bajpayee, BJP MLA from Allahabad, told Money Control: "A major part of Prayagraj city has been settled on Nazul land. This would have impacted over 50,000 families."

Similarly, Siddharth Nath Singh, BJP MLA from Prayagraj, expressed concerns about the potential chaos in cities, with the government demolishing homes built on Nazul land while simultaneously building houses for people.

The situation is similar in other districts, with lakhs of families across UP potentially rendered homeless when the Nazul land lease tenures end. The bill envisages the vesting of all Nazul properties back with the government after lease expiration, affecting many who had deposited installments against the lease per earlier policies.

Opposition to the Bill came from leaders like Jansatta Dal (Loktantrik) chief Raja Bhaiya and Congress legislator Aradhana Mishra, as well as NDA partners Apna Dal (S), NISHAD Party, and Om Prakash Rajbhar-led Suheldev Bharatiya Samaj Party. The BJP, already on the defensive after a poor Lok Sabha poll performance, recognized the bill's potential to harm its prospects in upcoming bypolls.

Fearing politically detrimental repercussions, BJP leaders, including CM Yogi Adityanath, Deputy CMs Keshav Maurya and Brajesh Pathak, state BJP chief Bhupendra Chaudhary, and parliamentary affairs minister Suresh Khanna, convened to find a solution. On July 31, after the Bill's passage amidst internal opposition, in Vidhan Sabha it became clear that the Bill could benefit the Samajwadi Party politically.

The Vidhan Parishad faced three options: accepting the bill, rejecting it (which would still pass it as a money bill), or sending it to the Select Committee. The BJP devised a strategy for Deputy CM Maurya to table the bill and for Chaudhary to refer it to the select committee, avoiding opposition member objections.

On Thursday, the 100-member Vidhan Parishad, where the BJP holds a 79-member majority, passed other bills, including one to strengthen the state anti-conversion law and another to establish a state capital region. However, they unanimously decided to send the Nazul Properties Bill to the select committee.

"I opposed the bill after receiving feedback from our MLAs, particularly those from cities, that any such unpopular law at this juncture could harm the party's interests," Chaudhary said. "The proposed law not only had the potential to act against the party's interest but could also create an anarchic situation in cities, harming public interest at large."

Key features of the Bill

Prohibition on conversion to freehold: After the Act comes into force, no Nazul land in Uttar Pradesh will be converted to freehold in favor of any private individual or entity.

Utilization of vacant Nazul land: Vacant Nazul land, where the lease is expiring, will not be converted to freehold but will be used for public interest projects such as hospitals, schools, and government offices.

Lease renewal option: Leaseholders who apply for freehold and have paid the required fees on or before July 27, 2020, will have the option to renew the lease for another 30 years after the current lease expires, provided they have not violated the terms mentioned in the lease deed.

Lease extension for compliant leaseholders: All leaseholders who have not violated lease deed conditions during the lease period may continue to extend the lease deed as per stipulated conditions.

Compensation and rehabilitation: Any building constructed on Nazul land that needs to be removed in the public interest will entitle the affected person to appropriate compensation and rehabilitation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Protection of poor families: The proposed Act empowers the government to protect the interests of poor families occupying Nazul land and to enact laws to rehabilitate them.