Himalaya Harbinger, Uttarakhand Bureau.
The contentious issue of Nazul land ownership has resurfaced, threatening to impact the BJP’s prospects in the upcoming municipal elections. Thousands of families settled on Nazul land in Uttarakhand feel betrayed by the state government’s failure to appeal against the High Court’s interim order barring land ownership rights to unauthorized occupants.
The High Court, in its order dated February 21, 2024, while hearing Public Interest Litigation (PIL) No. 159/2020, directed that no ownership rights be granted to encroachers on Nazul land until the disposal of Special Leave Petition (SLP) No. 27862/2018 pending in the Supreme Court. This decision halted the state’s ongoing freehold campaign, leaving thousands of families in districts like Dehradun, Haridwar, Udham Singh Nagar, and Nainital in a state of despair.
“These families were hopeful that the government would stand by them and advocate their rights. However, the silence of the state administration has shattered their trust,” said a local resident from Rudrapur.
Background and Fallout
In 2018, the Uttarakhand High Court had imposed a stay on the Nazul land freehold policy. Subsequently, the then BJP government filed an SLP in the Supreme Court, which granted relief by staying the High Court’s order. This led to the introduction of the Nazul Policy 2021 under Chief Minister Pushkar Singh Dhami, which allowed the freehold conversion of Nazul land. The policy, welcomed by many as a pro-poor initiative, was extended until December 2023.
However, following the Lok Sabha elections, attempts to revive the policy were thwarted by the February 2024 High Court order. Despite this, on March 6, 2024, the administration in Rudrapur distributed land leases to 2,600 people during a grand event officiated by the Chief Minister. Critics have questioned the legality of this move, given the standing High Court order.
“The distribution of leases on March 6 raises serious questions about the administration’s adherence to legal directives. It seems the government prioritized optics over substance,” remarked a legal expert.
Mounting Public Anger
Residents living on Nazul land have expressed anger over the government’s inaction. Thousands of applications for freehold conversion remain pending with municipal corporations and collectorates, forcing people to make repeated visits to government offices without resolution.
“This is a glaring example of administrative apathy. The government had ample time and resources to appeal the High Court order in the Supreme Court but failed to do so,” said a member of a citizens’ group advocating for Nazul land rights.
Adding to the public’s frustration, many BJP leaders, including Rudrapur MLA and former municipal mayor, hailed the Nazul Policy 2021 as a historic initiative during its launch, organizing celebratory events and terming it a major welfare step.
Political Implications
The issue has put the BJP in a precarious position ahead of the civic polls. Opposition parties are likely to seize this opportunity to criticize the Dhami government for its alleged neglect of the poor. “The government’s indecision on such a sensitive issue speaks volumes about its priorities. This will certainly reflect in the electoral outcomes,” said an opposition leader.
Even within the BJP, questions have arisen about the lack of advocacy by the state’s legal team. “With a strong team of capable advocates, why didn’t the government challenge the High Court order? This is disappointing and demoralizing for the people,” said a senior party member on condition of anonymity.
Call for Action
Amid mounting pressure, political analysts suggest that swift action by the state government could help mitigate public anger. “The government must immediately file an appeal in the Supreme Court and ensure a decisive resolution. This would demonstrate its commitment to the welfare of those living on Nazul land,” said a political analyst.
As municipal elections approach, the BJP faces a daunting task of regaining the trust of thousands of families affected by the Nazul land controversy. Whether the government can address their grievances in time remains to be seen.
