The recent ordinance issued by the Uttar Pradesh Government regarding the Nazul land policy has been contested in a petition presented to the Allahabad High Court. During a hearing last week, the Court extended time to the state's counsels to obtain instructions on the matter.

On March 7, 2024, the Uttar Pradesh State Government officially announced the Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Ordinance, 2024. This ordinance prohibits the conversion of any Nazul land into freehold property in favor of private individuals or entities following its enactment.

Nazul means “any land or building which is the property of the government on the basis of public records maintained by the government.”.

Additionally, the ordinance encompasses all properties for which a lease, license, or occupancy has been granted under any law, as declared by the government through notification.

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.

According to Clause (3) of Section 3 of the Ordinance, any ongoing proceedings or applications in any court or before any authority aimed at converting Nazul Land into freehold status will be considered lapsed or rejected. Moreover, the ordinance stipulates that any funds deposited along with such applications will be refunded, with an interest rate matching the Marginal Cost of Funds-Based Lending Rate (MCLR) of the State Bank of India, starting from the date of deposit.

The ordinance dictates that Nazul lands will not be eligible for freehold status, nor will the lease be extended after its expiry. This measure aims to ensure that ownership of Nazul lands automatically transfers to the State once the lease period concludes.

On March 15, a division bench consisting of Justice Saumitra Dayal Singh and Justice Surendra Singh-I heard the petition filed by Dr. Ashok Tahiliani. The bench granted the standing counsels the liberty to obtain instructions regarding the matter and directed that the case be scheduled for the next hearing on April 5.

During the hearing, Tahiliani's counsel emphasized the urgency of the matter, highlighting the imminent threat of demolition of structures. However, the Standing Counsels informed the court that as of the present date, no actions have been taken to evict the petitioner or demolish any constructions.