Context:
- A violent incident occurred in Uttarakhand’s Haldwani district when the local authorities demolished an unauthorised mosque and religious school on land claimed to be Nazool property.
- The clash resulted in five deaths and numerous injuries.
Nazool land:
- Nazool land is owned by the government but is usually not directly managed as state property.
- Instead, it is leased to other entities for a fixed period of time, typically between 15 and 99 years.
- When the lease is about to expire, individuals can request to renew it by submitting an application to the Revenue Department of the local development authority.
- The government has the option to either renew the lease or reclaim the Nazool land.
- In many major cities in India, Nazool land has been allocated to various entities for different purposes, such as constructing schools, hospitals, and government buildings.
- The Nazool Lands (Transfer) Rules, 1956 is the primary legislation used for resolving issues related to Nazool land.
Establishment of Nazool land:
- At the times of the British in India there were lots of rebellions from kings and kingdoms against the British.
- The British Army would fight these opposing forces and upon their defeat would take their land.
- Indian independence resulted in the British leaving these territories which were then termed Nazool land and became property of the state government.
- This made this classification come into existence as the lack of proper documentation by the kings and royals to prove their prior ownership
What are the ways in which the government utilises Nazool land?
- Usually the government allocates Nazool lands to different public uses such as educational institutions, healthcare facilities, administrative offices of Gram Panchayats etc.
- Furthermore, in the Indian context many cities have seen the utilisation of Nazool land on a large scale for housing societies only through lease arrangements.
- Many states have implemented government orders to establish regulations for Nazool land, but the primary law utilised for Nazool land adjudication is The Nazool Lands (Transfer) Rules, 1956.
About Waqf land:
- Nazool land is owned by the state, while Waqf land is dedicated for religious, charitable, or pious purposes according to Muslim law.
- These endowments are essential in supporting mosques, educational institutions, and welfare initiatives in the Muslim community.
Governance for Waqf Land:
- The Supreme Court recently turned down a petition to question the constitutionality of the Act. Members said that abstract challenges to laws are not allowed in court.
- The Delhi High Court has ordered the DDA to keep the existing condition of a piece of land in dispute, where the mosque was pulled down.
- The DDA states that the demolition was according to the Religious Committee’s recommendations.
- The Waqf Board Delhi lodged a case which is to be heard in February 2024.
Source: Indian Express
Practice question:
Q. Discuss the role of land reforms in agricultural development Identify the factors that were responsible for the success of land reforms in India. (2016)
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