Decode Politics: How a Yogi govt Bill ran into a wall raised by senior UP BJP leaders

First, the Adityanath government’s Uttar Pradesh Nazul Properties (Management and Utilization for Public Purposes) Bill ran into objections from the BJP’s own ranks in the Assembly, with City West, Prayagraj, MLA and former minister Sidharth Nath Singh and Prayagraj MLA Harshvardhan Bajpai expressing apprehensions over the legislation. Parliamentary Affairs Minister Suresh Khanna even intervened while Bajpai was speaking to appeal: “Aap samajh nahi rahe ho. Pahle padh toh lo (You do not understand the Bill. First, go through it carefully).”

BJP ally NISHAD Party’s Anil Tripathi then joined Singh and Bajpai in expressing his misgivings.

Then, a day after the Bill cleared the Assembly, the Legislative Council sent it to a Select Committee for further scrutiny. The demand was first made by UP BJP chief and MLC Bhupendra Chaudhary, and supported by Deputy CM Keshav Prasad Maurya, who has launched a covert rebellion against Adityanath.

While Adityanath in his capacity as CM is the Leader of the BJP in the Assembly, Maurya is the leader of the BJP in the Council. The BJP and allies enjoy a clear majority in both the Houses, which means that it is rare for a Bill to be sent to a Select Committee, that too on a demand made from the Treasury Benches.

What is the UP Nazul Properties (Management and Utilization for Public Purposes) Bill?

Nazul land is land originally acquired during the colonial period for specific purposes such as public utilities, administrative functions or for the settlement of displaced individuals. Over time, this land has been used or leased for various public and private purposes.

As per the proposed Bill, Nazul land in the state will now be reserved and used exclusively for public purposes. Any court proceedings or applications requesting the transfer of ownership of Nazul land to private individuals or institutions will be cancelled and automatically rejected. In case payments have been made in anticipation of such ownership changes, the amounts are to be refunded.

The government could choose to extend the leases of current leaseholders of Nazul land, provided they are in good standing, regularly paying rent, and have not violated lease terms.

Why is the stalling of this Bill significant?

While BJP leaders as well as the Opposition say they have raised objections to the Bill in “public interest”, the legislation in fact replaces an ordinance that has been in implementation since March this year. The ordinance did not see any significant opposition when it was passed by the Adityanath Cabinet.

On Thursday, when Chaudhary proposed that the Bill be sent to a Select Committee, even Opposition members were initially caught off-guard, not knowing how to respond. Even as the latter neither backed nor opposed Chaudhary’s proposal, other BJP leaders expressed their support for Chaudhary, with Maurya indicating it by raising his hand.

The other Deputy CM, Brajesh Pathak, was seated next to Maurya in his capacity as minister. He could not vote on the proposal as he is a member of the Assembly and not the Council, but as soon as the decision was taken to send the Bill to the Select Committee, Pathak and Maurya were seen shaking hands.

What reason have the legislators given for opposing the Bill?

While the Bill saw a discussion in the Assembly on July 31, before it was passed by a voice vote, there was no discussion on it in the Upper House on August 1 before it was sent to the Select Committee.

In the Assembly, noting that “governments work in continuation”, Sidharth Nath Singh suggested that those who have been residing on such land for ages and near the end of their lease should be given the opportunity to get an extension. He also suggested that with previous governments alternatively allowing freehold of the land or stopping it, those who continued to pay their instalments after freehold should also be considered.

The Indian Express spoke to some members of the Legislative Council, where the Bill saw no discussion. They admitted they had not read the Bill, but added that they knew it would be recommended for Select Committee appraisal as “the public is against the provisions of the Bill”. They could not say what these provisions were.

A BJP MLC said: “When the organisational head makes a proposal, we have to follow. He (Chaudhary) is not just a member of the Council but also the head of the state organisation. Even the Leader of our House and Deputy CM Keshav ji supported it. Many people have been approaching us against the provisions as it would displace poor people who have been residing on Nuzul lands for generations… The new law would have given the government the power to take it back at will.”

Asked why they did not object when the ordinance was moved, the BJP MLC said he “did not know about that”. “We had to support sending it to the Select Committee, and we did.”

About the surprisingly vociferous intervention by BJP MLA Harshvardhan Bajpai on the matter, Prayagraj Mahanagar BJP president Rajendra Mishra said: “Harshvardhan ji is a two-term MLA and always speaks his mind and raises his voice for the people.” He added: “Harshavardhan ji only speaks and works according to the policy and agenda of the party and government.”

Bajpai is the grandson of Rajendra Kumar Bajpai, a veteran Congress leader and former Union minister who was seen as close to Indira Gandhi.

How has the Opposition reacted?

Samajwadi Party chief Akhilesh Yadav Friday demanded the permanent withdrawal of the “inhuman” Nazul Bill. Taking a swipe at Adityanath in a post on X, Akhilesh said: “The Nazul land issue is entirely a decision to uproot homes because a bulldozer cannot run over every house… What will the BJP gain by demolishing settled homes? Will the BJP render people homeless for the benefit of land mafias?”

On Thursday, soon after the Bill was sent to a Select Committee, Akhilesh said the BJP government wanted the law for “the personal benefit” of some people. “There are many such lands in Gorakhpur which some people want to grab to expand their sphere of influence… It is hoped that the Chief Minister will take suo motu cognisance and will not let any such plan succeed, especially in Gorakhpur,” he wrote on X.

Gorakhpur is Adityanath’s political turf.