Why in the News?

• Violence erupted in Uttarakhand’s Haldwani district on February 8 after the administration conducted a demolition drive at the site of a mosque and madrasa, allegedly on Nazool land.

What’s in Today’s Article?

• About Nazool Land (Definition, Origin, Use, Haldwani Incident, etc.)
• About Waqf Land (Meaning, Use, etc.)

What is Nazool Land?

• Nazool land is owned by the government but most often not directly administered as state property.
• The state generally allots such land to any entity on lease for a fixed period, generally between 15 and 99 years.
• In case the lease term is expiring, one can approach the authority to renew the lease by submitting a written application to the Revenue Department of the local development authority.
• The government is free to either renew the lease or cancel it — taking back Nazool land.
• In almost all major cities of India, Nazool land has been allotted to different entities for a variety of different purposes.

Origin of Nazool Land:

• During British rule, kings and kingdoms which opposed the British frequently revolted against them, leading to several battles between them and the British Army.
• Upon defeating these kings in battle, the British would often take their land away from them.
• After India got Independence, the British vacated these lands.
• But with kings and royals often lacking proper documentation to prove prior ownership, these lands were marked as Nazool land — to be owned by the respective state governments.

How Does the Government Use Nazool Land?

• The government generally uses Nazool land for public purposes like building schools, hospitals, Gram Panchayat buildings, etc.
• Several cities in India have also seen large tracts of land denoted as Nazool land used for housing societies, generally on lease.

How Is Nazool Land Governed?

• While several states have brought in government orders for the purpose of framing rules for Nazool land, The Nazool Lands (Transfer) Rules, 1956 is the law mostly used for Nazool land adjudication.

What is Waqf land?

• While Nazool land belongs to the state, Waqf land constitutes properties permanently dedicated for religious, charitable, or pious purposes, as per Muslim law.
• These endowments play a vital role in supporting mosques, educational institutions, and welfare initiatives within the Muslim community.

Legislative Framework for Waqf Land:

• The Waqf Act of 1995 governs the administration and supervision of Waqf properties in India.
• Establishing bodies such as the Central Waqf Council and State Waqf Boards, the Act outlines the powers and duties of trustees (mutawallis) and provides for the resolution of disputes through Waqf Tribunals.
• In 2022, the Supreme Court declined to entertain a petition challenging the constitutionality of the Waqf Act, emphasising that abstract challenges to laws are not tenable in court.
• Additionally, in a recent hearing, the Delhi High Court directed the Delhi Development Authority (DDA) to maintain the status quo regarding the disputed land where a mosque was demolished in Mehrauli.
• In this case the DDA has argued that the removal was in line with the Religious Committee's recommendations.
• The petition filed by the Delhi Waqf Board, has been scheduled to be heard on February 12, 2024.

Is the Halwani Land Where the Demolition Drive Took Place Registered as Nazool Land?

• As per the Haldwani district administration, the property where the two structures are situated is registered as the Nagar Nigam’s (Municipal Council’s) Nazool land.
• The administration says that for the last 15-20 days, a demolition drive has been underway in connection with Nagar Nigam properties to free roads from traffic congestion.
• A notice, issued on January 30, required the encroachment to be removed within three days or for ownership documents to be provided.
• On February 3, several locals visited the Nagar Nigam to discuss with our team.
• They submitted an application and requested time to appeal to the High Court, agreeing to abide by the court’s decision.
• However, Local councillor Shakeel Ahmad said that the HC had not made a final decision, and the matter was scheduled to be heard on February 14.