Land in Uttar Pradesh and "legal limbo"

Land in Uttar Pradesh and "legal limbo"

    Please see the decision of Allahabad High Court in civil misc writ no 32605 of 1991 Satya Narayan Kapoor vs State of U.P and others on 15-10-1997  citation 1998 (1)AWC 1b

And for all G.O regarding Nazul Land civil misc Writ Petition(PIL) No 35248 of 2010 Jai Singh vs State of U.P and others in which Allahabad High Court directed on 08-06-2010 to file counter affidavit with all G.O regarding Nazul Land

               Institutional set-up

Uttar Pradesh was created on 1 April 1937 as the United Provinces with the passing of the States Reorganisation Act and renamed Uttar Pradesh in 1950.  On 9 November 2000, a new state, Uttarakhand, was carved from the mountainous Himalayan region of Uttar Pradesh.

Code,category and Computerization

Land Use
Till 1949-50, the land area in India was classified into five categories known as the fivefold land utilization classification. These categories were:
(i) Forests,
(ii) Area not available for cultivation,
(iii) Other uncultivated land, excluding the current fallows
(iv) Fallow lands,

(v) Net area sown

Committee on Co-ordination of Agricultural Statistics (TCCAS), set up in 1948 by the Ministry of Food & Agriculture, recommended a nine-fold land-use classification replacing the old five-fold classification, & also recommended

standard concepts & definitions for all the states     

Nine fold classification of land use

01 Forest
02 Land put to nonagricultural uses
03 Barren and unculturable landLRISD,
04 Permanent pastures and other grazing
lands
05 Miscellaneous tree crops & other groves,
not included in net area sown
06 Culturable waste
07 Fallow land other than current fallow
08 Current Fallow
09 Net area sown
                             Tenant types
The total length of digital code assigned for tenancy type is 4 characters such as 0000.
Here the extreme left two digits indicate the seventeen major categories of tenancy type
category and the next two digits indicate the tenancy type sub-category. The tenant may pay the rent either in cash or in kind(giving a part of the produce).
                              Parties Type
There are four major categories of parties type which are Government, Private,
Institution and Others. Here the extreme left two digits indicate the major category
Ownership type and the next three digits indicate the Ownership type sub-category.
                   Ownership type name
01000 Government/Sarkar (Siwayachak)
01001 Gram Panchayat/Gram Sabha
01002 Nagar Panchayat
01003 Nagar Palika
01004 Nagar Nigam
01005 Kendra Sarkar
01006 Rajya Sarkar(State Government)
01007 Sarkari Bhumiyan Nadard
01008 Kendra Shasanache Khate
01009 Kendra Shasanache Angikuruth Mandale
01010 Sarkari Pattedar
01011 Sinchai Vibaag
01012 Pranthiya Sarkar
01013 Zilla Parishad/Zilla Panchayat
01014 Custodian Government Land
        Nazul not mentioned in category 01000 i.e Government/Sarkar (Siwayachak)
But Nazul Pattedar mentioned in category 02000 i.e Private/Besarkari/Niji

02000 Private/Besarkari/Niji
02001 Bhumiswami/Bhumidhar/Pattedar
02002 Shasakiya Pattedar
02003 Seva Khatedar
02004 Bhoodan Krushak
02005 Adhipatya Krushak (Maurushi Krushak)
02006 Rahin
02007 Murthhin
02008 Najul Pattedar

        The game of Nazul

Entry 18 of the second list of the seventh schedule to the Constitution,empowers the Government to legislate on land, i.e. rights over land, land tenure, collection of rents, transfer and alteration of agricultural land, land improvement, etc.
Government land is the land vested in the State Government. It includes

Nazul land* estate land#, land acquired through ceiling$.

The State Government is empowered to dispose off the land in its possession by lease or sale as the case may be. The land revenue comprises receipts from land revenue/tax, rates and cesses on land and other receipts. All the receipts from Government land are deposited in the consolidated fund of the State.

* It is the land confiscated from the jamindars, nawabas, rajas etc. It was neither acquired nor was the cost thereof paid.

# Property which are under the management and administration of Board of Revenue is defined as estate land.

$.Land obtained through ceiling pertains to such land which has been acquired by the Government under the provisions of Urban Land (Ceiling and Regulations) Act, 1976.

The management, administration of Government land and the related activities

The management, administration of Government land and the related activitiesare governed by the provisions of the Uttar Pradesh Nazul Manual, 1949 (hereinafter referred as the Nazul Manual), Government Property Management (Amendment) Rules, 2003, Uttar Pradesh Urban Land (Ceiling and Regulation) Act, 1976 and the Government orders issued from time to time.

The Principal Secretary Avas, Uttar Pradesh is the administrative head of

Government land at the Government level. Chairman, Board of Revenue

(BOR) is the overall incharge of Government land and the district magistrate

(collector) of the respective district is responsible for the management and

administration of Government land. 

Land is a subject within the legislative and administrative jurisdiction of the states as per the VIIth Schedule of the Constitution, empowering the states to develop policies and enact laws. In India, the three Ministries responsible for the conservation and management of land resources are the Ministry of Rural Development, Ministry of Agriculture, and Ministry of Environment and Forests. At the national level, the Department of Land Resources under Ministry of Rural Development is the nodal agency for coordinating different land resource development and management programmes.