Planning Legislation

Task – 5 Critical appraisal ULC Act 1976 &

ULC repeal act 1999

Submitted To – Prof. Vidya Ghuge ma’am

Submitted By – Natasha A Kapai

Semister – 2nd Sem , First Year
Enrol. No. – MT20UPL022
Urban Land (Ceiling and Regulation) Act, 1976

Act Overview
 Ch.1 Preliminary & Ch.2 Definitions
Short title, application and commencement: "State" includes a Union
 territory
. and "State 2. To possess such land
 Known as urban land ceiling act, 1976. Government", as owner or as tenant
 Applies to whole of the States of Andhra Pradesh, Gujarat, Haryana, or as mortgagee
Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar in relation to any land or
Pradesh and West Bengal and to all the Union territories. building situated in a or under an
Union territory or irrevocable power of
attorney or under a
within the local limits of hire purchase
Definitions (Important): a cantonment declared
as such under section agreement or partly in
 "building regulations" means the regulations contained in the master one of the said
plan, or the law in force governing the construction of buildings; 3 of the Cantonments capacities and
Act. 1924, means the
Central Government: partly in any other of
 "ceiling limit" means the ceiling limit specified in section 4;
the said capacity or
 "dwelling unit", in relation to a building or a portion of a building, means
capacities.
a unit of accommodation, in such building or portion. used solely for the
purpose of residence;

 "family", in relation to a person, means the individual, the wife or

husband, as the case may be, of such individual and their unmarried
minor children.
 "master plan", in relation to an area within an urban agglomeration or
any part thereof, means the plan (by whatever name called) prepared
under any law for the time being in force or in pursuance of an order
made by the State Government.
 "urban agglomeration” the urban agglomeration specified in the
corresponding entry in column (2) thereof and includes the peripheral
area specified in the corresponding entry in column (3) thereof.
Any agglomeration so declared shall be deemed to
belong to category D in Schedule I and the peripheral area therefor shall be
one kilometre;

Act Overview Natasha Kapai SHEET 01

 Ch.2 Definitions

Act Overview Natasha Kapai SHEET 02

 Ch.3 Ceiling On Vacant Land

Act Overview Natasha Kapai SHEET 03

 Ch.3 Ceiling On Vacant Land
Section 4 (3)
Notwithstanding anything contained in sub-section (1), where in respect of
any vacant land any scheme for group housing has been sanctioned by an
authority competent in this behalf immediately before the commencement
of this Act.
Provided that not more than one dwelling unit in the group housing shall be
owned by one single person:
Provided further, that the extent of vacant land which such person shall be
entitled to hold shall, in no case, exceed-
• the extent required under any building regulations governing such group
housing; or
• the extent calculated by multiplying the number of dwelling units in the
group housing and the appropriate ceiling limit referred to in sub-section
(1), whichever is less.
Explanation:
"group housing" means a building constructed or to be constructed with one
or more floors.
“Common service facility" includes facility like staircase, balcony and
verandah.
Act Overview
Section 4 (4)
(a) In any State to which, this Act applies in the first instance, if, on or after the
17th day of February, 1975, but before the appointed day, any person has
made any transfer by way of sale, mortgage, gift, lease or otherwise.
State to any other person, whether or not for consideration, then, for the
purposes of calculating the extent of vacant land held by such person the land
so transferred shall be taken into account.
(b) For the purpose of clause (a), the burden of proving any sale to be a bona
fide one shall be on the transferor.
11. For the removal of doubts it is hereby declared that nothing in sub-
sections (5), (6), (7), (9) and (10) shall be construed as empower:
Explanation:
A person shall be deemed to hold any land on which there is a building
(whether or not with a dwelling unit therein) if he-
(i) owns such land and the building; or
(ii) owns such land but possesses the building or possesses.
(iii)possesses such land but owns the building, the possession being as a tenant
under a lease or as a mortgagee or under an irrevo. cable power of attorney or
a hire-purchase agreement or partly in one of the said capacities or partly in
any other of the said capacity or capacities.
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 Ch.3 Ceiling On Vacant Land
20. (1). Power to exempt: 20. (2). Power to exempt:
Notwithstanding anything contained in any of the foregoing provisions of this
Chapter,-
If at any time the State Government is satisfied, any exemption under clause
a.
(a) or clause (b) of sub-section (1) is granted is not complied with by any
the purpose person, it shall be competent for the State Government to withdraw, by
Where any person for which such land is order, such exemption after giving a reasonable opportunity to such person
either on its own
holds vacant land in motion being or is proposed for making a representation against the proposed withdrawal and thereupon
excess of the ceiling to be used and such the provisions of this Chapter shall apply accordingly.
limit and the State or otherwise, that,
having regard to the other relevant factors
Government is as the circumstances
satisfied, location of such land,
of the case may
require, 21. Excess vacant land not to be treated as excess in certain cases.

(1) a person holds any vacant land in excess of the ceiling limit, & such
b. person declares within such time, in such form and in such manner as may be
prescribed before the competent authority that such land is to be utilised for
Either on its own the construction of dwelling units (each such dwelling unit having a plinth
motion or otherwise, area not exceeding eighty square metres) for the accommodation of the
is satisfied that the weaker sections of the society.
application of the Provided that no
provisions of this
Including a condition as to the time limit
Where any person order under this
holds vacant land in Chapter clause shall he made within which such buildings are to be constructed.
excess of the ceiling would cause undue unless the
limit and the State hardship to such reasons for doing so (2) Where any person contravenes any of the conditions subject to which the
Government person, that are recorded in permission has been granted under sub-section (1), the competent authority
Government may. writing. shall , by order, and after giving such person an opportunity of being heard,
by order, exempt, declare such land to be excess land and thereupon all the provisions of this
subject to such
conditions,, Chapter shall apply accordingly.

Act Overview Natasha Kapai SHEET 05

 Ch.3 Ceiling On Vacant Land
22. Retention of vacant land under certain circumstances. 23. Disposal of vacant land acquired under the Act.

22 (1) any person demolishes any building on any land held by him or any such 23 (1) It shall be competent for the State Government to allot, by order, in
building is destroyed or demolished solely due to natural causes and beyond excess of the ceiling limit any vacant land which is deemed to have been
the control of human agency. acquired by the State Government under this Act or is acquired by the State
And the extent of any other vacant land held by him Government under any other law, to any person for any purpose relating to,
exceeds the ceiling limit, then, he shall, within three months from the date of or in connection with, any industry or for providing residential
such demolition or destruction file a statement before the competent accommodation.
authority having jurisdiction specifying the location, value and such other
particulars as may be prescribed. Explanation: For the purposes of this section,-
(a) where any land with a building has been acquired by the State Government
22 (2) land is required by the holder for the purpose of redevelopment in under any other law and such building has been subsequently demolished by
accordance with the master plan. the State Government, then, such land shall be deemed to be vacant land
acquired under such other law;
Such land in excess of the ceiling limit for such purpose and where the (b) "industry" means any business , profession, trade, undertaking
competent authority is not so satisfied and does not so permit, the provisions or manufacture.
of sections 6 to 14 (both inclusive ) shall, so far as may be, apply to the
statement filed under sub-section (1) and to the vacant land held by such 23 (3) impose such conditions as may be specified therein including a condition
person in excess of the ceiling limit. as to the period.
23 (4) allotment is not complied with by the allottee , the State Government
Such land in excess Apply to the shall , after giving an opportunity to the allottee to be heard in the matter,
of the ceiling limit for statement filed cancel the allotment with effect from the date of the non-compliance of such
Land is required by
such purpose and under sub-section (1)
the holder for the
where the and to the vacant
condition.
purpose of 23 (5) sub-sections (1), (2) and (3), all vacant lands deemed to have been
competent authority land held by such
redevelopment
is not so satisfied and person in excess of acquired by the State Government under this Act.
does not so permit the ceiling limit. 23 (6) sub-sections (1) to (4), where the State Government is satisfied that it is
necessary to retain or reserve any vacant land.

Act Overview Natasha Kapai SHEET 06

THE URBAN LAND (CEILING AND REGULATION)
REPEAL ACT, 1999

Act Overview
 Short title, application & Commencement
1.
• THE URBAN LAND (CEILING AND REGULATION) REPEAL ACT, 1999.
• Whole of the States of Haryana and Punjab and to all the Union territories;
and it shall apply to such other State which adopts this Act by resolution
passed in that behalf under clause (2) of article 252 of the Constitution.
• Come into force in the States of Haryana and Punjab and in all the Union
territories on the 11th day of January, 1999 and in any other State which
adopts this Act under clause (2) of article 252 of the constitution.
2. Repeal of Act 33 to 1976- The Urban Land (Ceiling and Regulation) Act, 1976
(hereinafter referred to as the principal Act) is hereby repealed.
3. Savings – (1) the repeal of the principal Act shall not affect-
1. Under sub-section (3) of section 10, possession of which has
been taken over by the State Government or any person
2. The validity of any order granting exemption under sub-
section (1)of section 20 or any action taken thereunder.
3. Any payment made to the State Government as a condition
for granting exemption under sub-section (1) of section 20.
Act Overview
3 (2)Where-
(a) any land is deemed to have vested in the State Government under sub-
section (3) of section 10 of the principal Act but possession of which has
not been taken over by the State Government or any person duly
authorised by the State Government in this behalf or by the competent
authority; and
(b) any amount has been paid by the State Government with respect to such
land, then, such land shall not be restored unless the amount paid, if any, has
been refunded to the State Government.
4. Abatement of legal proceedings-
All proceedings relating to any order made before the commencement of this
Act, before any Court, tribunal or other authority shall abate:
Provided that this section shall not apply to the proceedings relating to
sections 11,12,13 and 14 of the principal Act..
5. Repeal and saving-
(1) The Urban Land (Ceiling and Regulation) Repeal Ordinance, 1999 (Ord. 5 of
1999) is hereby repealed.
2. Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.
Natasha Kapai SHEET 07
Inferences

• "The Urban Land (Ceiling & Regulation) Act has failed to achieve its objectives due to its poor performance.

• There has been a demand to repeal this Act so that the stock of urban land increases and development of urban land for various sectors, namely, housing,
transport, industry, etc. may be available.

• The Government has decided to repeal this Act. Repeal of this Act will also facilitate the availability and affordability of urban land, by increasing supply of
urban land.

• The Act was penalizing people for holding excessive lands.

Natasha Kapai SHEET 08

Submitted To – Prof. Vidya Ghuge ma’am

Submitted By – Natasha A Kapai

Semister – 2nd Sem , First Year
Enrol. No. – MT20UPL022