The Urban Land (Ceiling & Regulation) Act, 1976

 the Urban Land (Ceiling & Regulation) Act, 1976

Let it be clarified at the very outset that the Urban Land (Ceiling & Regulation) Act, 1976 , which is a Central Act, is in force as before in the State of West Bengal, although it stands repealed for some other States and Union Territories. Apart from the Competent Authority, Kolkata who is specially appointed as such, the Sub-Divisional Officers of the predominantly urban areas/sub-divisions act as Competent Authorities for the respective Sub-divisions for the purpose of the U.L. (C&R) Act, 1976. The office of the Competent Authority, Barrackpore is located in the Administrative Building, Barrackpore near Chiriamore on S. N. Banerjee Road (i.e., office of the S.D.O. Barrackpore). It is also to be noted that for the purpose of the said Act, Bidhannagar area (i.e., the Sub-division) has remained part of Barrackpore Sub-Division, although the former has been carved out/separated from the latter quite a few years back.

 

Salient points under the said Act are as follows:- Ceiling limit: - In the case of every "person", 500 sqmts. or 7-1/2 Kathas within any mouza/village/town (under Barrackpore sub-division as well as Bidhannagar Sub- Division). This is because each & every plot of these two Sub-Divisions falls within Category "A" specified in Schedule-I. Definition of "Person":- "Person" includes an individual, a firm, a firm, a company, or an association or body of individuals, whether incorporated or not. Definition of "Family"-"Family" in relation to a person means the individuals, the wife or husband, as the case may be, of such individual and their unmarried minor children. Top Definition of "Vacant Land" -"Vacant land" : - means land not being land mainly used for the purpose of agriculture in an urban agglomeration. The agricultural land includes the land recorded and used as orchard. Definitions of Tank/Doba / Agricultural Land:- "Tank" or "Doba", recorded as such in Rrovisional Settlement and so long as it is used as such, does not come under the purview of the Act in the light of different orders passed by the Hon'ble High Courts and the Supreme Court of India. Similarly, the R.S. -recorded:- "agricultural land", so long as it is used as such, will not come under the purview of the Act. But the moment it loses its character, it will come under the purview of the Act. The date of commencement of the Act, in a case where the land, which was not" vacant earlier, would be the date on which such land becomes vacant land. In short, any land classified as "Doba", "Tank", or "Agricultural" land in R.S.- recorded R.O.R.s, so long as it is used as such, will not come under the purview of the Act, but the moment it loses its character, it will come under the purview of the Act. Top Statement U/S 6(1):- Every person holding vacant land in excess of the ceiling limit at the commencement of this Act shall, within such period as may be prescribed, file a statement Under Section 6(1) of the Act before the Competent Authority & S.D.O., Barrackpore in triplicate along with a site plan, copies of R.O.R(s), deed(s)/link deed(s). Municipal Assessment Register prior to 1975 etc. Exemption Order U/S 20 :- Where any person holds vacant land in excess of the ceiling limit and the State Government is satisfied, either on its own motion or otherwise, that, having regard to the location of such land, the purpose for which such land is being or is proposed to be used and such other relevant factors as the circumstances of the case may require, it is necessary or expedient in the public interest so to do, the Government may, by order, exempt, subject to such conditions as may be specified in the order, such vacant land from application of the provisions of Chapter-III of the Act. So any person may file a prayer Under Section 20 (1) of the Act before the Secretary, Urban Development Department along with a copy of Receipt of the Statement U/S 6 (1) which has already been filed before the Competent Authority. Notice U/S 26 (1) Any person holding vacant land within the ceiling limit shall have to file notice under Section 26 (1) of the Act prior to transfer of such vacant land by way of sale, lease, mortgage etc. and shall get an acknowledgement of receipt form the Competent Authority and wait up to 60 days from the date of receipt of the said notice by the office of the Competent Authority for execution / registration of such deed.