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.
