• Nazool Law

Hi Sir/Madam,

We have a nazool land in Chhattisgarh Bhilai, which is under our possession since 1985. My father passed away few years back and we were not aware of much of the nazool law so we did not do any necessary action to secure that land. Now some of the villagers who live nearby have started creating objection on this land and they have applied to district collector to break the wall and acquire the land for their own purpose. The Nagar Nigam has accepted their request and they have reached our home to break the wall which is on the property so that it becomes accessible. The area parshad is also one of the villagers involved in this.

My mother stays alone there and she has been doing some vegetation on the land and has a dairy farm which gives some money for her basic necessities

Just wanted to know if there is any way that we can bring a stay on the ongoing proceeding by nagar nigam and we can pay the lagan to get the property in lease for our mother.

Also, if there are some other suggestions we would like to proceed in that direction ASAP to control these proceedings from Nagar Nigam.

Thanks
Asked 8 months ago in Property Law from Bhilai, Chhattisgarh
Religion: Christian
The term 'Nazul land' has a definite connotation. It inter alia means "Land or buildings in or near towns or villages which have escheated to the Government; property escheated or lapsed to the State: commonly applied to any land or house property belonging to Government either as an escheat or as having belonged to a former Government."

2) That land which is the property of the
Government and which
(a) is not forming part of the records in the account of any village;
(b) is not recorded as Banjar, jharidar jungle, hilly and chattans, rivers, village trees or
Government trees;
(c) is not recorded for Village roads, gothan, charai land, or in the shape of grazing in abadi
Chargahs;
(d) is not ear-marked and reserved for development of the village or any other community
development projects; or
(e) is not service land.

3) The lease of Nazul land can be terminated if the conditions of lease are violated by the holder. 

4)If there is illegality in the termination of the lease, the holder is free to make recourse to the legal remedy
Ajay Sethi
Advocate, Mumbai
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1483 Consultations
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 1) you have not mentioned how your father got possession of land . Did he purchase it by sale  deed ?

move court and seek injunction restraining nagar Palika from. Disturbing your possession of land 

2) mention mother in possession for last 30 years 

3) that land is only her source of income 

Ajay Sethi
Advocate, Mumbai
27284 Answers
1483 Consultations
5.0 on 5.0
Nazool land" means : (i) The land situated beyond two miles of the Municipal limits, which has escheated to the State Government and has not already been appropriated by the State Government for any purpose.

(ii)        such other land as the State Government may make available for being transferred under these rules ;

 In a village where Nazool land available is less than 10 acres and is being leased to members of Scheduled Castes, it may be allotted to the  present lessees individually upto the limit of a unit of Nazool land (6 acres of unirrigated or 9 acres of Banjar Land) provided they do not own any land of their own. Those who own some land, they may be allowed such area as would make up the unit of Nazool land as defined in the rules, when added to their own land, and the rest may be allotted to others.

In the villages where Nazool land available is 10 acres or more, the Scheduled Castes land owning Cooperative Societies may be formed by the heads of Scheduled Castes families in accordance with these rules and the Nazool land may be allotted to them. 

In a village where no Cooperative Societies of the members of the Scheduled Castes had been formed by the 16th May 1964, the land should be allotted to individual Schedule Caste members  instead of Schedule Caste  Cooperative Societies, according to these Rules. 

For this purpose, members of Scheduled Castes who are already cultivating such lands are to be preferred. 

In case there is more than one claimant for the same piece of land, the allotment will be made by drawing lots.



The above are certain rule regarding Nazool land allotment.


As you said that the land is in your father's possession since 1985, and now upon jhis death, as legal heirs, you and your mother and other siblings should make a joint representation to the land revenue department/Tahsildar about this top allot the same to you names  by producing the the proper e evidences for your possession and enjoyment of the same, if you dont get a reply within a stipulated time, you may approach civil court with an injunction suit and also for declaration of the property on your names on the basis of the records in your possession and may also express your willingness to pay the amount for allotment as per law. 
T Kalaiselvan
Advocate, Vellore
17407 Answers
165 Consultations
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Here the land has been under our possession since 30 years which is inside a society, now just to yield money out of us, the newly appointed parshad is bringing it to attention of the government so that he can make that land out of our possession and make some shed for Villagers to sit which in-turn start the disturbance in the society.

This type of activities by the village heads for their own benefits out of their envy on others are the reasons for all such troubles.   You may approach court with an injunction suit agaisnt them restraining them from interfering into your possession and enjoyment of the property.







Can you please suggest a way with which we can bring our stand and apply for lease to government as my mother is widow and that's the only support she has for his basic needs.
  You may consult an advocate in the local and follow the steps suggested above. 





Also we want to bring a stay on the ongoing proceedings from Nagar palika till a decision is made from court/government

You can implead Nagar palika as a party to the suit.
T Kalaiselvan
Advocate, Vellore
17407 Answers
165 Consultations
5.0 on 5.0

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