UP: Acquired Land Restoration Provision Scrapped

UP: Acquired Land Restoration Provision Scrapped
In the midst of the controversy over land acquisition, the Uttar Pradesh Assembly today passed a bill to scrap a provision that allows people to seek restoration of their acquired land if it remains unused for more than five years.

The Uttar Pradesh Urban Planning and Development (Amendment) Bill-2011 was passed by the Assembly to omit a sub-section in section 17 of the the act regarding restoration of land.

The section 17 of UP Urban Planning and Development Act deals with the compulsory acquisition of land. The sub-section (1) provides that any person, from whom land is acquired, may after the expiration of a period of five years from the date of acquisition apply to the state government for restoration of land.

Till now, an applicant was allowed to apply on the ground that the land has not been utilised for the purpose for which it was acquired.

If the state government is satisfied to that effect it shall order restoration of the land to him on re-payment of charges which were incurred in connection with acquisition together with interest at the rate of 12 per cent per annum and development charges, if any.

According to statement of objects and reasons of the bill, since section 48 of the Land Acquisition Act provides for the withdrawal of such a land the possession thereof has not been taken, the provision does not differentiate accordingly.

"In the interest of development it has been decided to amend the said act to omit the said proviso ab initio (from the beginning) and to validate the order of restoration of land passed by the government so that the land owners of the acquired land may not claim for the withdrawal of their lands in favour thereof in future," it added.
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