Urban land (c&r) act 1976
Rajesh Hazra
(Querist) 05 March 2012
This query is : Resolved
Dear Experts,
I have a short query on the matter of ULC Act 1976. The land is with us and we wanted to develop the land. Before we start the development we wanted to be sure that the land is not falling under the purview of Land Ceiling Act. The RTI Application was done before the appropraite authority and the authority hac come out with the reply to that stating that the shedule of land as mentioned has not yet vested to the sate as per the provisions of Urban Land (C&R) Act 1976.
Now my question is can we develop the land?
Is there a chance that the land can be vested in the middle of our development or on completion of the conversion with development?
What are the RISK factors?
I shall await as this is very urgent.
Thanks and Regards in advance
prabhakar singh
(Expert) 05 March 2012
Now my question is can we develop the land?
YES is the answer.
Is there a chance that the land can be vested in the middle of our development or on completion of the conversion with development?
NO BODY CAN INSURE YOU FOR IT
What are the RISK factors?
That lies between the two answers.
Raj Kumar Makkad
(Expert) 05 March 2012
There is no legal hurdle to develop the land as desired. You might be having a knowledge that the right to retain property is not a constitutional right and State can take it at any time in the interest of public. The owner of the property can agitate only for the compensation and not for property though recently some exceptions have also arose due to intervention of Courts wherein such property was not used for public interest.
Rajesh Hazra
(Querist) 06 March 2012
we need to have clarification that once we go for the change of use of land from agriculture to residence as per attached notification then whether the land would be vested by the department.
it is unclear of the role Urban Land Ceiling Act (ULC) will have post conversion of the land from agriculture to Residence.
The basic question remains that will the Conversion of land invoke the Provisions of ULC ?
No Developer in region would go for conversion of the land and make the requisite payment for the land to be impounded under the provisions of the ULC Act.
