Nazul Properties Bill: A tale of disputed lands from Uttar Pradesh

There is a lot in common between two Bills referred to select committees in Lucknow and New Delhi last week. The Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Bill was sent to a select committee by the Uttar Pradesh Vidhan Parishad on August 1. Similarly, on August 8 the Unified Waqf, Management, Empowerment, Efficiency and Development Bill was introduced in the Lok Sabha and referred to a joint parliamentary panel.

At the heart of both the proposed legislations is the government’s move to gain control over vast properties across the country which has been endowed by the Muslim elite for charitable purposes. The Waqf Board reportedly holds the third largest chunk of land in the country following, the Railways and defense department. It is estimated that the Waqf Boards collectively control 8.7 lakh properties spread across 9.4 lakh acres with an estimated value of a whopping ₹1.2 lakh crore. Similarly, there are vast nazul properties across Uttar Pradesh.

The central government’s legislation dilutes the autonomy of the Central and State waqf boards. A civil servant, the Collector, is to be the final authority in matters of the waqf virtually seizing power of the Central waqf council and State waqf boards run by government-appointed Muslim representatives. Waqf Tribunals, who arbitrated in case of disputes, are to become powerless.

Similarly, on July 31, the Uttar Pradesh Chief Minister Adityanath pushed through the Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Bill in the State Vidhan Sabha.

Objective of the Bill

The Bill aims to prevent the conversion of nazul land into private freeholds. Nazul land refers to “land owned by the State government but often not directly administered as State properties across the State”. Every district in UP has such lands where people reside by getting periodic lease renewals. The Bill also states that the government may either continue the lease of leaseholders of nazul land whose lease is still continuing and who are depositing their lease rent regularly and have not violated any condition of lease. The Bill also mentions that after expiry of lease, the land shall be deemed to be re-entered upon the State government.

The Bill is to ensure that once the Act comes into force, no private person or unit will be able to get freehold rights for any nazul property in the State. All pending proceedings or applications seeking freehold rights for nazul land are to lapse, irrespective of any decision, decree or opposite order, or any other legality trending at the time, or any government order. The applicants are to be returned any money paid by them at the interest rate of the SBI’s marginal cost of best lending rate.

Govt plan

However, CM Adityanath’s ambitious plan to make his government acquire vast tracts of land across the State making it a prime land owner, suffered a setback. The Bill was opposed vehemently the very next day in the Vidhan Parishad, the Upper House, and referred to a select committee.

The legislation was opposed in the Upper House where the Leader of House is none else than Keshav Prasad Maurya, BJP leader and Deputy Chief Minister. And it was the BJP State President Bhupendra Singh Choudhary, a member of the Upper House, who asked the chair Keshav Prasad Maurya, to refer the Bill to a select committee of the UP Legislative Council.

Incidentally, leading BJP representatives who fervently opposed the Bill – Keshav Prasad Maurya, Sidharth Nath Singh and Harshvardhan Bajpai – belong to the erstwhile Allahabad district, which has since been bifurcated into Prayagraj and Kaushambi. According to senior advocate of Allahabad High Court S F A Naqvi, Allahabad perhaps has the maximum nazul land in UP as the British had set up the High Court in 1866 and built the vast infrastructure of the court, sprawling judges’ bungalows on land categorized as nazul.

In the House, the Congress’s lone MLA Aradhana Mishra asked if the government will vacate the High Court, bungalows of judges, schools or government offices set up on nazul land in Prayagraj.

Jansatta Dal (Loktantrik) leader Kundla MLA Raghuraj Pratap Singh aka Raja Bhaiya pointed out that Prayagraj was home to many nazul properties from the British-era. “In the Sagar Pesha area, families of coolies, gardeners, cooks, etc were settled by the British to take service from them,” he said. He pointed out that in Prayagraj alone, around 3,200 applications of such inhabitants seeking freehold rights were pending. All such marginalized people will become homeless with the enactment of this Bill.

Supporting Raja Bhaiya, BJP MLA from Allahabad (North) Harshvardhan Bajpai claimed that some nazul properties, lease deed holders have been living there for more than 100 years.

Samajwadi Party President Akhilesh Yadav said in a social media post: “The Nazul land issue is a decision to uproot homes because a bulldozer cannot run over every house... Ever since the BJP has come to power, people have been struggling for their livelihood and employment. Now the ruling party wants to snatch away the very roof over their heads… Will the BJP render people homeless for the benefit of land mafias?”