URBAN LAND CEILING AND REGULATION ACT, 1976
(1) This Act may be called the Urban Land (Ceiling and Regulation) Act, 1976."
(2) It applies in the first instance to the whole of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab , Tripura, Uttar Pradesh and West Bengal and to all the Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.
(3) It shall come into force in the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and in the Union territories at once and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and, save as otherwise provided in this,
Section 1 of the Urban Land Ceiling and Regulation Act, 1976 (ULCRA) primarily lays down the preliminary provisions, including the title, extent of application, and definitions relevant to the Act. It sets the stage for the regulation of land holdings in urban areas with the aim of equitable land distribution and preventing concentration of land ownership.
Section 1 of the ULCRA specifies:- The short title and commencement of the Act.- The extent of application — it applies to specified urban areas.- Definitions of key terms such as "urban area," "landholder," and "vacant land."- The power of the State Government to extend or restrict the Act's application to certain areas or classes of landholders.
While Section 1 itself does not specify punishments, violations under the Act (such as holding excess land, non-declaration, or illegal transfer) are punishable under later sections, including penalties, confiscation, or prosecution as provided elsewhere in the Act.
Scope Limitation - Section 1 confines the Act's application to notified urban agglomerations, emphasizing territorial limits and excluding rural or non-urban lands. This ensures targeted regulation and avoids overreach. [Source: "02500060972"]
Definition Clarity - The section emphasizes the importance of clear definitions like "urban area" and "vacant land," which are crucial for the effective enforcement of subsequent provisions. Ambiguities could lead to litigation or enforcement challenges. [Source: "02500060972"]
State Power to Extend - The provision allowing the State Government to extend or restrict the Act’s scope provides flexibility to adapt to changing urban development needs, but also raises concerns about potential misuse or over-extension. Proper notifications are essential for legality. [Source: "02500060972"]
Application Limitations - The Act does not apply to rural or agricultural land outside notified urban limits, which limits the scope but also ensures that rural landowners are not unduly affected. This demarcation is vital for constitutional validity. [Source: "Thamni Devi VS State Of Bihar"]
Legal Foundation for Notifications - Section 1 underpins the legal authority for the government to notify specific urban areas, which is essential for the validity of subsequent declarations of surplus land and restrictions. [Source: "02500060972"]
Framework for Declaration of Surplus Land - The provisions set the legal basis for declaring excess land as surplus, which is a core feature of the Act aimed at equitable land distribution. The scope defined here directly impacts the scope of such declarations. [Source: "02500060972"]
Implication for Landholders - The section clarifies that only landholders within notified areas are subject to restrictions, thus protecting landowners outside these zones from the Act's provisions. [Source: "Thamni Devi VS State Of Bihar"]
Legal Validity of Notifications - Proper adherence to the procedures laid down in Section 1 is critical for the validity of notifications issued under the Act, which in turn affects the enforceability of orders relating to surplus land. [Source: "02500060972"]
Limitations on Power to Extend - Although the Section grants power to the State Government, such extensions or restrictions must be exercised within constitutional bounds, and any notifications must be published and accessible to ensure transparency. [Source: "02500060972"]
No Punishment in Section 1 - The section does not prescribe penalties for violations; penalties are addressed in subsequent sections, which rely on the scope and definitions established here. This emphasizes the foundational role of Section 1. [Source: "02500060972"]
Relevance in Repeal and Amendment - The scope of Section 1 becomes particularly significant when the Act is repealed or amended, as subsequent legal provisions or repeals (e.g., Repeal Act, 1999) depend on the territorial and definitional scope outlined here. [Source: "02500060972"]
Legal Certainty and Clarity - Section 1 aims to provide legal certainty by clearly defining the geographical and functional scope, which is essential for the rule of law and for avoiding arbitrary enforcement. [Source: "02500060972"]
Impact on Judicial Review - The scope and definitions in Section 1 are often scrutinized during judicial review of notifications or orders, making its clarity vital for the legality of enforcement actions. [Source: "02500060972"]
Protection of Landowners’ Rights - By limiting the Act to notified areas, Section 1 protects landowners outside these zones from unwarranted interference, aligning with constitutional protections against arbitrary deprivation of property. [Source: "Thamni Devi VS State Of Bihar"]
Legal Foundation for Exemptions - The clause empowering the government to extend or restrict the Act's application provides a statutory basis for exemptions or special provisions, which must be exercised judiciously. [Source: "02500060972"]
Potential for Litigation - Ambiguities or misuse of the extension/restriction powers under Section 1 can lead to litigation, emphasizing the need for transparent procedures and clear notifications. [Source: "02500060972"]
Framework for Repeal and Transition - When the Act is repealed (e.g., via the 1999 Repeal Act), the scope and definitions in Section 1 influence the transition provisions and the applicability of residual rights or obligations. [Source: "02500060972"]
In summary, Section 1 of the Urban Land Ceiling and Regulation Act, 1976 establishes the foundational scope, territorial limits, and definitions necessary for the effective implementation and enforcement of the Act. Its clarity and proper exercise of powers under this section are critical for legal certainty, constitutional validity, and protection of landowners’ rights.
In this Act, unless the context otherwise requires,—
(a) “appointed day” means,—
(i) in relation to any State to which this Act applies in the first instance, the date of introduction of the Urban Land (Ceiling and Regulation) Bill, 1976 in Parliament; and
(ii) in relation to any State which adopts this Act under clause (1) of article 252 of the Constitution, the date of such adoption;
(b) “building regulations” means the regulations contained in the master plan, or the law in force governing the construction of buildings;
(c) “ceiling limit” means the ceiling limit specified in section 4;
(d) competent authority” means any person or authority authorised by the
Except as otherwise provided in this Act, on and from the commencement of this Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which this Act applies under sub-section (2) of section 1."
(1) Subject to the other provisions of this section, in the case of every person, the ceiling limit shall be,—"
(a) where the vacant land is situated in an urban agglomeration falling within category A specified in Schedule I, five hundred square metres;
(b) where such land is situated in an urban agglomeration falling within category B specified in Schedule I, one thousand square metres;
(c) where such land is situated in an urban agglomeration falling within category C specified in Schedule I, one thousand five hundred square metres;
(d) where such land is situated in an urban agglomeration falling within category D specified in schedule I, two thousand square metres.
(2) Where any person ho
(1) In any State to which this Act applies in the first instance, where any person who had held vacant land in excess of the ceiling limit at any time during the period commencing on the appointed day and ending with the commencement of this Act, has transferred such land or part thereof by way of sale, mortgage, gift, lease or otherwise, the extent of the land so transferred shall also be taken into account in calculating the extent of vacant land held by such person and the excess vacant land in relation to such person shall, for the purposes of this Chapter, be selected out of the vacant land held by him after such transfer and in case the entire excess vacant land cannot be so selected, the balance, or where no vacant land is held by him after the transfer, the entire excess vacant land, shall be selected out of the vacant land held by the transferee\:"
Provided that where such
Section 5 of the Urban Land Ceiling and Regulation Act, 1976 (ULCRA) primarily deals with the declaration of surplus land, the process of transfer, and the implications of such declarations on subsequent transactions. It plays a crucial role in regulating the transfer and alienation of land declared surplus under the Act, ensuring that such transactions conform to the statutory framework.
Section 5 of ULCRA stipulates that:- Any transfer of land in excess of the ceiling limit made after the date of notification but without prior permission or in contravention of the provisions of the Act shall be deemed void.- It also provides that such transfers, if made without complying with statutory requirements, cannot be recognized as valid.- The section emphasizes the importance of obtaining prior approval from the competent authority before any transfer of surplus land.
Section 5 of ULCRA acts as a vital safeguard against illegal alienation of surplus land, emphasizing the necessity of prior approval and adherence to statutory procedures. Its violation results in the transfer being void, affecting the rights of subsequent purchasers and the state’s land management objectives. Courts have consistently upheld the invalidity of such transfers, reinforcing the law’s intent to prevent land concentration and ensure equitable distribution.
Note: The references are drawn from the provided sources, primarily focusing on case law and legal commentary that interpret the scope, application, and implications of Section 5 of ULCRA.
(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 before the competent authority having Jurisdiction specifying the location, extent, value and such other particulars as may be prescribed of all vacant land and of any other land on which there is a building, whether or not with a dwelling unit therein, held by him (including the nature of his right, title or interest therein) and also specifying the vacant land within the ceiling limit which he desires to retain\:"
Provided that in relation to any State to which this Act applies in the first instance, the provisions of this sub-section shall have effect as if for the words “Every person holding vacant land in excess of the ceiling limit and the commencement of this Act”, the words, figures and letters “Every person who
(1) Where a person holds vacant land situated within the jurisdiction of two or more competent authorities, whether in the same State or in two or more States to which this Act applies, then, he shall file his statement under sub-section (1) of section 6 before the competent authority within the jurisdiction of which the major part thereof is situated and thereafter all subsequent proceedings shall be taken before that competent authority to the exclusion of the other competent authority or authorities concerned and the competent authority, before which the statement is filed, shall send intimation thereof to the other competent authority or authorities concerned.
(2) Where the extent of vacant land held by any person and situated within the jurisdiction of two or more competent authorities within the same State to which this Act applies is equal, he shall file his statement under
(1) On the basis of the statement filed under section 6 and after such inquiry as the competent authority may deem fit to make the competent authority shall prepare a draft statement in respect of the person who has filed the statement under section 6.
(2) Every statement prepared under sub-section (1) shall contain the following particulars, namely:—
(i) the name and address of the person;
(iii) the particulars of the vacant lands which such person desires to retain within the ceiling limit;
(iv) the particulars of the right, title or interest of the person in the vacant land; and
(v) such other particulars as may be prescribed.
(3) The draft state
After the disposal of the objections, if any, received under sub-section (4) of section 8, the competent authority shall make the necessary alterations in the draft statement in accordance with the orders passed on the objections aforesaid and shall determine the vacant land held by the person concerned in excess of the ceiling limit and cause a copy of the draft statement as so altered to be served in the manner referred to in sub-section (3) of section 8 on the person concerned and where such vacant land is held under a lease, or a mortgage, or a hire-purchase agreement, or an irrevocable power of attorney, also on the owner of such vacant land.
(1) As soon as may be after the service of the statement under section 9 on the person concerned, the competent authority shall cause a notification giving the particulars of the vacant land held by such person in excess of the ceiling limit and stating that—"
(i) such vacant land is to be acquired by the concerned State Government; and
(ii) the claims of all person interested in such vacant land may be made by them personally or by their agents giving particulars of the nature of their interests in such land,
to be published for the information of the general public in the Official Gazette of the State concerned and in such other manner as may be prescribed.
(2) After considering the claims of the persons interested in the vacant land, made t
(1) Where any vacant land is deemed to have been acquired by any State Government under sub-section (3) of section 10, such State Government shall pay to the person or persons having any interest therein,—
(a) in a case where there is any income from such vacant land, an amount equal to eight and one-third times the net average annual income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notification issued under sub-section (1) of section 10; or
(b) in a case where no income is derived from such vacant land, an amount calculated at a rate not exceeding—
(i) ten rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category A or category B specified in Sche
(1) The State Government may, by notification in the Official Gazette, constitute one or more Urban Land Tribunal or Tribunals.
(2) The Tribunal shall consist of a sole member who shall be an officer of the rank of a Commissioner of a division or a member of the Board of Revenue.
(3) The Tribunal shall have jurisdiction over such area as the State Government may, by notification in the Official Gazette, specify.
(4) If any person is aggrieved by an order of the competent authority under section 11, be may, within thirty days of the date on which the order is communicated to him, prefer an appeal to the Tribunal having jurisdiction over the area in which the vacant land (in relation to which the amount has been determined) is situated or where such land is situated within
Section 12 of the Urban Land (Ceiling and Regulation) Act, 1976, lays down the machinery and procedures for the acquisition of surplus vacant land in urban areas, including the declaration, notification, and transfer of possession. It forms a critical part of the statutory framework aimed at preventing land hoarding and ensuring equitable land distribution in urban agglomerations.
Section 12 prescribes the process whereby the competent authority, after declaring land as surplus, shall issue a draft statement, consider objections, and prepare a final statement. It also provides for the issuance of a notification that the land is to be acquired by the State, and details procedures for surrender and taking possession of the surplus land.
Section 12 provides a comprehensive procedure for declaration, objection, and final assessment of surplus land, but it does not itself authorize the physical acquisition or transfer of possession. Those follow under subsequent sections, particularly Section 10(3) and 10(5). The section emphasizes a quasi-judicial process involving opportunity for objections and appeals, ensuring due process before vesting.
While Section 12 itself does not specify criminal penalties, violations such as transfer or alteration of use of surplus land in contravention of the provisions can attract penalties under other sections of the Act, including fines and imprisonment. The primary focus of Section 12 is procedural, ensuring lawful declaration and assessment.
Section 12 of the Urban Land (Ceiling and Regulation) Act, 1976, establishes a detailed, quasi-judicial process for declaring surplus land, ensuring opportunity for objections, and culminating in a final declaration under Section 10(3). The validity of vesting depends critically on adherence to procedural safeguards, including proper notices and actual possession. The enactment of the Repeal Act, 1999, further impacts pending proceedings, generally leading to abatement where possession has not been lawfully taken. Any deviation from statutory procedures, collusion, or failure to follow due process renders orders invalid, emphasizing the importance of strict compliance with the law to uphold constitutional principles of natural justice and legality.
Subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, an appeal shall lie to the High Court from the decision of the Tribunal under section 12.
Section 13 of the Urban Land (Ceiling & Regulation) Act, 1976, deals with the legal effect of orders passed under the Act, particularly in relation to appeals, revisions, and the overarching effect of the Act over other laws. It provides the legal framework to ensure that proceedings under the Act are final and binding, subject to specific exceptions, and clarifies the hierarchy of laws concerning urban land regulation.
Section 13 states that the provisions of the Act shall have overriding effect over any other law for the time being in force, except specific laws like the Foreign Exchange Regulation Act, 1973, and the Urban Land (Ceiling & Regulation) Act, 1976 itself. It also provides that orders passed under the Act are final, subject to appeals and revisions, and emphasizes that the Act's provisions shall prevail over conflicting laws.
The section itself does not specify punishments; however, violations of orders or provisions under the Act, such as illegal transfer or non-compliance with orders, attract penalties under the relevant provisions of the Act and other applicable laws.
Section 13 of the Urban Land (Ceiling & Regulation) Act, 1976, asserts the paramountcy of the Act over other laws, ensuring the finality and consistency of orders passed under it. Its effective interpretation requires understanding its non-obstante clause, the hierarchy of laws, and the legislative intent, especially in the context of repeals and amendments. Courts have emphasized that orders passed prior to repeal, which have attained finality, remain valid unless challenged, and that the Act's overriding effect is subject to specific statutory exceptions.
(1) The State Government shall, within a period of six months from the date of the order of the competent authority determining the amount to be paid under section 11, or, in a case where an appeal has been preferred against such order under section 12 or under section 13, within a period of six months from the date of the final appellate order, pay the amount referred to in section 11 to the person entitled thereto.
(2) Twenty-five percent of the amount or twenty-five thousand rupees, whichever is less, shall be paid in cash and the balance in negotiable bonds redeemable after the expiry of twenty years carrying an interest at the rate of five percent, per annum with effect from the date on which the vacant land is deemed to have been acquired by the State Government under sub-section (3) of section 10.
(1) If, on or after the commencement of this Act, any person acquires by inheritance, settlement or bequest from any other person or by sale in execution of a decree or order of a civil court or of an award or order of any other authority or by purchase or otherwise, any vacant land the extent of which together with the extent of the vacant land, if any, already held by him exceeds in the aggregate the ceiling limit, then he shall, within three months of the date of such acquisition, file a statement before the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed of all the vacant lands held by him and also specifying the vacant lands within the ceiling limit which he desires to retain.
(2) The provisions of sections 6 to 14 (both inclusive) shall, so far as may be, apply to the statement filed under this section and
(1) Where any person holds any vacant land in any State to which this Act does not apply in the first instance but which subsequently adopts this Act under clause (1) of article 252 of the Constitution and the extent of such land together with the extent of the vacant land, if any, already held by him in any other State to which this Act applies in the first instance, exceeds in the aggregate the ceiling limit, then, he shall, within three months of the commencement of this Act in the State first mentioned, file a statement before the competent authority having Jurisdiction specifying the location, extent, value and such other particulars as may be prescribed of all vacant land held by him in that State and in such other State and also specifying the vacant land within the ceiling limit which he desires to retain.
(2) The provisions of section 6 to 14 (both inclusive) shall, so far
The competent authority or any person acting under the orders of the competent authority may, subject to any rules made in this behalf and at such reasonable times as may be prescribed, enter upon any vacant land or any other land on which there is a building with such assistance as the competent authority or such person considers necessary and make survey and take measurements thereof and do any other act which the competent authority or such person considers necessary for carrying out the purposes of this Act.
(1) If the competent authority, in the course of any proceedings under this Act, is satisfied that any person has concealed the particulars of any vacant land or of any other land on which there is a building, whether or not with a dwelling unit therein, held by him or furnished inaccurate particulars of such land or of the user thereof, it may, after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this Act, such person shall pay, by way of penalty, a sum which shall not be less than, but which shall not exceed twice, the amount representing the value of the vacant land or of such other land or both, as the case may be, in respect of which particulars have been concealed or in respect of which inaccurate particulars as aforesaid have been furnished.
(2) Any amoun
(1) Subject to the provisions of sub-section (2), nothing in this Chapter shall apply to any vacant land held by—
(i) the Central Government or any State Government, or any local authority or any Corporation established by or under a Central or Provincial or State Act or any Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(ii) any military, naval or air force institution;
Explanation.—In this clause, “bank” means any banking company as defined in clause (c) of sections of the Banking Regulation Act, 1949 (10 of 1949), and includes—
(a) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934);
(b) the State Bank of India co
(1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter—
(a) 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, that Government may, by order, exempt, subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this Chapter;
(b) where any person holds vacant land in excess of the ceiling limit and the State Government, either on its own motion or otherwise, is satisfied that the application of the provisio
Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, provides the legal framework for granting exemptions from the ceiling on urban land holdings, facilitating certain land uses, and promoting public interest objectives. It allows the State Government to exempt surplus land under specific conditions, balancing land redistribution with development needs.
Section 20 empowers the State Government to grant exemptions from the ceiling on urban land in specified circumstances, including:- Exemption of surplus land for industrial, residential, or other specified purposes.- Conditions under which such exemption can be granted or withdrawn.- The effect of exemption orders, including restrictions on transfer and usage.- Provisions regarding the vesting of land in the government upon expiry of certain terms.
Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, is a vital provision enabling the government to balance land redistribution with development objectives through exemptions. Its proper application requires adherence to procedural fairness, reasons, and public interest considerations. Post-repeal, the validity of exemption orders depends on compliance with prior conditions, and violations can be challenged in courts. The legal landscape emphasizes transparency, non-discrimination, and adherence to statutory procedures in exercising powers under Section 20.
(1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where a person holds any vacant land in excess of the ceiling limit and such 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 the construction of dwelling units (each such dwelling unit having a plinth area not exceeding eighty square metres) for the accommodation of the weaker sections of the society, in accordance with any scheme approved by such authority as the State Government may, by notification in the Official Gazette, specify in this behalf, then, the competent authority may, after making such inquiry as it deems fit, declare such land not to be excess land for the purposes of this Chapter and permit such person to continue to hold such land for the aforesaid purpose, subject to such terms and conditions as may be prescribe
(1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where any person demolishes any building on any land held by him or any such building is destroyed or demolished solely due to natural causes and beyond the control of human agency and as a consequence thereof, in either case, the land on which such building has been constructed becomes vacant land and the aggregate of the extent of such land and the extent of any other vacant land held by him exceeds the ceiling limit, then, he shall, within three months form the date of such demolition or destruction file a statement before the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed, of all the vacant land held by him.
(2) Where, on receipt of a statement under sub-section (1) and after such inquiry as the competent authority m
(1) It shall be competent for the State Government to allot, by order, in excess of the ceiling limit any vacant land which is deemed to have been acquired by the State Government under this Act or is acquired by the State Government under any other law, to any person for any purpose relating to, or in connection with, any industry or for providing residential accommodation of such type as may be approved by the State Government to the employees of any industry and it shall be lawful for such person to hold such land in excess of the ceiling limit.
Explanation.—For the purposes of this section—
(a) where any land with a building has been acquired by the State Government under any other law and such building has been subsequently demolished by the State Government, then, such land shall be deemed to be vacant land acquired under such o
(1) Notwithstanding anything contained in section 23, where any person, being the owner of any vacant land, has leased out or mortgaged with possession such land or had given possession of such land under a hire-purchase agreement to any other person and as a consequence thereof he has no vacant land in his possession or has vacant land in his possession less in extent than the ceiling limit, and where the land so leased or mortgaged or given possession of is deemed to have been acquired by the State Government under this Chapter, then, such person shall be entitled to make an application to the State Government in such form and containing such particulars as may be prescribed within a period of three months from the date of such acquisition of the assignment to him,—
(a) in a case where he has no land in his possession, of so much extent of land as is not in excess of the ceili
In this Chapter, “plinth area”, in relation to—
(i) a dwelling unit in a building consisting of only one floor, means the area of the dwelling unit at the floor level and includes the thickness of the outer walls thereof;
(ii) a dwelling unit in a building consisting of two or more floors, means the area of the dwelling unit at the floor level where the dwelling unit is proposed to be situated and includes the thickness of the outer walls thereof and the proportionate area intended for any common service facility at the floor level aforesaid.
Explanation.—For the purposes of this clause, “common service facility”, shall have the same meaning as in sub-clause (ii) of the Explanation below sub-section (3) of section 4.
(1) Notwith-standing anything contained in any other law for the time being in force, no person holding vacant land within the ceiling limit shall transfer such land by way of sale, mortgage, gift, lease or otherwise except after giving notice in writing of the intended transfer to the competent authority.
(2) Where a notice given under sub-section (1) is for the transfer of the land by way of sale, the competent authority shall have the first option to purchase such land on behalf of the State Government at a price calculated in accordance with the provisions of the Land Acquisition Act, 1894 (1 of 1894) or of any other corresponding law for the time being in force and if such option is not exercised within a period of sixty days from the date of receipt of the notice, it shall be presumed that the competent authority has no intention to purchase such land on behalf of the State G
(1) Notwithstanding anything contained in any other law for the time being in force, but subject to the provision of sub-section (3) of section 5 and sub-section (4) of section 10, no person shall transfer by way of sale, mortgage, gift, lease for a period exceeding ten years, or otherwise, any urban or urbanisable land with a building (whether constructed before or after the commencement of this Act) or a portion only of such building for a period of ten years of such commencement or from the date on which the building is constructed, whichever is later, except with the previous permission in writing of the competent authority.
(2) Any person desiring to make a transfer referred to in sub-section (1), may make an application in writing to the competent authority in such form and in such manner as may be prescribed.
(3) On receipt of an
Legal Comments
Introduction - ULCRA/ULC Act of 1976 aimed to impose a ceiling on vacant urban land and regulate transfers, with Section 27 central to transfers requiring prior permission; constitutional status partially upheld (Maharao Bhim Singhji line) but Section 27(1) deemed invalid to the extent it barred transfer within ceiling area; subsequent jurisprudence clarified scope of permission, deemed grants, and limitations. [Maharao Sahib Shri Bhim Singhji: Anantalakshmi Pathabi Ramashrrma Yoturi: Jodhan Real Estate Development Company Private LTD. : Rajendra Garg: Shamshul Islam VS Union Of India] [WEST BENGAL PROPERTIES LTD VS STATE OF WEST BENGAL] [State of U. P. VS Muniba Khatoon Alias Mumtaj Dulhan Begum]
What Section Says - Section 27 prohibits transfer of urban land with building without prior permission of the Competent Authority; 27(5) provides a State option to pre-empt; deemed grant/registration rules in 27(4); transfer of building and appurtenant land may be exempt from Section 27 in some rulings; Section 27 integrates with Sections 5(3), 10(4) governing excess/vacant land. [TAHERBHOY FEEDA ALLY VS STATE OF WEST BENGAL] [EASTERN OXYGEN AND ACETYLENE LTD. , JABALPUR VS STATE OF MADHYA PRADESH] [Peroja Dadabhoy Sett VS State of Maharashtra] [Sami Uddin VS State Of U. P. ]
Essential ingredients - For permission: (i) land within ceiling, (ii) transfer by sale/mortgage/lease etc., (iii) compliance with Form/notice requirements (Form VIII as referenced), (iv) readiness and willingness to perform by purchaser/ vendee in specific cases; (v) in some contexts the absence of permission can be cured by deemed grant after 60 days. [GULSHAN KUMAR VS SAT NARAIN TULSIAN] [Peroja Dadabhoy Sett VS State of Maharashtra] [WEST BENGAL PROPERTIES LTD VS STATE OF WEST BENGAL] [State Of Maharashtra VS Pravin Jethalal Kamdar]
Essential ingredients - Appurtenant land and building: Section 4(9) and 2-g calculations affect vacant land; land covered by a building and appurtenant land may be treated differently for surplus computation; Maharao Bhim Singhji decision holds building within ceiling area may be transferred without Section 27(1) constraints. [Sami Uddin VS State Of U. P. ] [EASTERN OXYGEN AND ACETYLENE LTD. , JABALPUR VS STATE OF MADHYA PRADESH] [State Of U. P. VS Krishna Murti]
Scope of Section - Section 27 applies to transfers within urban land with a building; not all transfers require permission; subsequent cases recognize that Section 27(1) is unconstitutional to the extent it restricts transfer of building within ceiling area; Section 27(5) option may apply where 27(1) applies; appellate and coercive limits vary by jurisdiction. [TAHERBHOY FEEDA ALLY VS STATE OF WEST BENGAL] [Maharao Sahib Shri Bhim Singhji: Anantalakshmi Pathabi Ramashrrma Yoturi: Jodhan Real Estate Development Company Private LTD. : Rajendra Garg: Shamshul Islam VS Union Of India] [EASTERN OXYGEN AND ACETYLENE LTD. , JABALPUR VS STATE OF MADHYA PRADESH] [State of U. P. VS Muniba Khatoon Alias Mumtaj Dulhan Begum]
Punishment for Section - The Act envisages penalties for contravention of transfer prohibitions; later jurisprudence emphasizes that prohibition is constitutional limit; some judgments discuss misapplication of penalties where permission deemed granted; repeals and transitional jurisprudence affect punishment exposure. [State of U. P. VS Muniba Khatoon Alias Mumtaj Dulhan Begum] [Uttara Co-operative Housing Society Limited VS First Land Acquisition Collector, Calcutta] [STATE OF GUJARAT VS CHANDANBEN WD/O JASHVANTBHAI]
Write legal comments from the given sources with references (using square brackets) as bullet point summary - Format each point as: "Keyword" - Summary - [Source Reference]
Introduction - Summary: ULCRA Act’s Section 27 governs transfer with building; Maharao Bhim Singhji case partially struck down 27(1) but left other provisions intact; later judgments discuss deemed permission and registration mechanics; sources discuss broader implications for eligibility and limitations. - [Maharao Sahib Shri Bhim Singhji: Anantalakshmi Pathabi Ramashrrma Yoturi: Jodhan Real Estate Development Company Private LTD. : Rajendra Garg: Shamshul Islam VS Union Of India]
What Section Says - Summary: Section 27 prohibits transfer without permission; 27(5) provides option to purchase; 27(4) deemed grant if authority fails to decide within 60 days; transfer of building and appurtenant land may fall outside 27(1)’s reach per some rulings. - [TAHERBHOY FEEDA ALLY VS STATE OF WEST BENGAL]
Essential ingredients - Summary: Permission prerequisites, forms/notice, readiness to perform, and the nuance of vacant vs non-vacant land; appurtenant land considerations under sections 2(g)/2(q); deemed grant mechanics. - [GULSHAN KUMAR VS SAT NARAIN TULSIAN] [Sami Uddin VS State Of U. P. ] [State Of U. P. VS Krishna Murti]
Scope of Section - Summary: Section 27’s reach includes building with land; Maharao Bhim Singhji decisions limit its reach; many cases treat Section 27 as not applicable to transfers of buildings within ceiling; appellate interpretations vary. - [Maharao Sahib Shri Bhim Singhji: Anantalakshmi Pathabi Ramashrrma Yoturi: Jodhan Real Estate Development Company Private LTD. : Rajendra Garg: Shamshul Islam VS Union Of India] [EASTERN OXYGEN AND ACETYLENE LTD. , JABALPUR VS STATE OF MADHYA PRADESH] [State of U. P. VS Muniba Khatoon Alias Mumtaj Dulhan Begum]
Punishment for Section - Summary: Violations subject to penalties; but many decisions focus on validity, repudiation, and rectification via permission/deemed grant; repeal contexts and consequential penalties discussed in later judgments. - [State of U. P. VS Muniba Khatoon Alias Mumtaj Dulhan Begum] [WEST BENGAL PROPERTIES LTD VS STATE OF WEST BENGAL]
Transfer of building/land appurtenant - Summary: Section 27(1) not applicable to building and appurtenant land; Maharao Bhim Singhji and subsequent judgments clarify. - [EASTERN OXYGEN AND ACETYLENE LTD. , JABALPUR VS STATE OF MADHYA PRADESH] [Uttara Co-operative Housing Society Limited VS First Land Acquisition Collector, Calcutta]
Deemed grant of permission - Summary: Where refusal not communicated within 60 days, permission deemed granted; Sub-Registrar must act accordingly; issues on registration, deemed grants, and estoppel. - [Peroja Dadabhoy Sett VS State of Maharashtra] [Uttara Co-operative Housing Society Limited VS First Land Acquisition Collector, Calcutta] [Radha Swami Satsang Sabha, Dayalhagh Agra VS District Registrar, Agra]
Transfer of land with hut/tank (non-vacant) - Summary: Transfers not in contravention when land not vacant; Section 5(3) blocks transfer of excess vacant land until excess is determined; decisions recognize non-contravention if land contains hut/tank. - [Uttara Co-operative Housing Society Limited VS First Land Acquisition Collector, Calcutta] [A. Kannabiran VS Rubby Coach Builders Pvt. Ltd. ]
Appellant transferee rights - Summary: Transferees may challenge competent authority orders; rights of transferee to participate in choice regarding surplus land; registration and transfer validity dependent on permission status. - [KASHI RAM VS DISTRICT JUDGE, DEHRADUN] [KASHI RAM VS DISTRICT JUDGE, DEHRADUN]
Limitation and specific performance - Summary: Several cases discuss limitation periods for suit for specific performance where permission under Section 27 is required; after 1981 Bhim Singhji decision, misalignment with limitation, etc.; courts emphasize readiness and willingness. - [Paramjit Singh Through Lrs And Others VS Bahadur Singh] [Aurobindo Karuri VS Vishnu Prasad Karuri] [Rabindra Nath Sahu VS Maya Devi]
Interplay with other laws - Summary: Registration Act, 1908; Income Tax Act; Civil Procedure; Order 41; transfer registrations; distinctions between registration vs transfer under ULCRA. - [JAYANTILAL BACHUBHAI VADIWALA VS COMPETENT AUTHORITY,u. L. C. ,surat] [STATE OF GUJARAT VS CHANDANBEN WD/O JASHVANTBHAI] [Sami Uddin VS State Of U. P. ]
Repeal and saving provisions - Summary: ULCRA repeal (1999) preserves certain orders and exemptions; some judgments discuss survival of orders and exemptions under repealing framework. - [LAKSHMIMONI DAS VS STATE OF WEST BENGAL] [CONSUMER PROTECTION COUNCIL VS AHMEDABAD MUNICIPAL CORPORATION]
Constitutional framing - Summary: Early Supreme Court rulings validated most ULCRA while striking Section 27(1) partial invalidity; Art. 14, 21 concerns addressed in various.
Appealability under Section 33 - Summary: Section 33 provides appeal against Competent Authority orders; interplay with Sections 5(3)/10(4) and permission requirements; some petitions allowed/rejected on maintainability. - [State of U. P. VS Muniba Khatoon Alias Mumtaj Dulhan Begum]
Practical implication - Summary: For buyers/sellers, show permission, pursue deemed grant timelines, consider appurtenant land, and ensure readiness to perform; in many contexts, transfer of building within ceiling may proceed without Section 27(1). - [EASTERN OXYGEN AND ACETYLENE LTD. , JABALPUR VS STATE OF MADHYA PRADESH] [Maharao Sahib Shri Bhim Singhji: Anantalakshmi Pathabi Ramashrrma Yoturi: Jodhan Real Estate Development Company Private LTD. : Rajendra Garg: Shamshul Islam VS Union Of India]
Notable case references - Summary: Bhim Singhji v. UOI (A.I.R. 1981 SC 234); Maharao Saheb v. UOI (1981/81 SCC); various district/supreme court decisions cited; ULCR rules and Form VIII. - [Maharao Sahib Shri Bhim Singhji: Anantalakshmi Pathabi Ramashrrma Yoturi: Jodhan Real Estate Development Company Private LTD. : Rajendra Garg: Shamshul Islam VS Union Of India] [TAHERBHOY FEEDA ALLY VS STATE OF WEST BENGAL] [JAYANTILAL BACHUBHAI VADIWALA VS COMPETENT AUTHORITY,u. L. C. ,surat]
Conclusion - Summary: Section 27 remains a nuanced provision with deemed grants and limitations; constitutional validity largely upheld except for its restrictive effect on transfers of land with buildings within the ceiling; modern jurisprudence often emphasizes compliance, preparation, and the discretionary nature of relief under Specific Relief Act in ULCRA contexts. - [Maharao Sahib Shri Bhim Singhji: Anantalakshmi Pathabi Ramashrrma Yoturi: Jodhan Real Estate Development Company Private LTD. : Rajendra Garg: Shamshul Islam VS Union Of India] [Aurobindo Karuri VS Vishnu Prasad Karuri]
Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clauses (a) to (e) of subsection (1) of section 17 of the Registration Act, 1908 (16 of 1908), purports to transfer by way of sale, mortgage, gift, lease or otherwise any land or any building (including any portion thereof),—
(a) in the case of any transfer referred to in section 26, no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer evidence to show that he has given notice of the intended transfer to the competent authority under that section and, where such transfer is by way of sale, the period of sixty days referred to in sub-section (2) of that section has elapsed;
(b) in the case of an
No person shall construct any building with a dwelling unit having a plinth area,—
(a) where the building proposed to be constructed is situated in an urban agglomeration falling within category A or category B specified in Schedule I, in excess of three hundred square metres.
(b) where the building proposed to be constructed is situated in an urban agglomeration falling within category C or category D specified in Schedule I, in excess of five hundred square metres.
(1) Where the construction of a building has been commenced on or after the commencement of this Act, and is carried on and completed in contravention of the provisions of section 29, the competent authority having jurisdiction over the area in which the building is situated may make an order directing that such construction shall be demolished, either wholly or partly, or modified by the person at whose instance the construction has been commenced and is being carried on and completed, to the extent such demolition or modification does not contravene the provisions of that section, within such period (not being less than fifteen days and more than thirty days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order for the demolition or modification:
Provided that no
The competent authority shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witness or documents; and
(f) any other matter which may be prescribed.
Where under sub-section (2) or sub-section (3) of section 7, the State Government or the Central Government, as the case may be, determines the competent authority or where, for the reason that the extent of the vacant land situated within the jurisdiction of two or more Tribunals is equal, an appeal has been preferred to any one of the Tribunal under sub-section (4) of section 12, then, such competent authority or Tribunal, as the case may be, shall, notwithstanding that any portion of the vacant land to which the proceedings before the competent authority or the appeal before the Tribunal relates, is not situated within the area of its jurisdiction, exercise all the powers and functions of the competent authority or Tribunal, as the case may be, having jurisdiction over such portion of the vacant land under this Act in relation to such proceedings or appeal.
(1) Any person aggrieved by an order made by the competent authority under this Act, not being an order under section 11 or an order under sub-section (1) of section 30, may, within thirty days of the date on which the order is communicated to him, prefer an appeal to such authority as maybe prescribed (hereafter in this section referred to as the appellate authority)\:"
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.
(
The State Government may, on its own motion, call for and examine the records of any order passed or proceeding taken under the provisions of this Act and against which no appeal has been preferred under section 12 or section 30 or section 33 for the purpose of satisfying itself as to the legality of propriety of such order or as to the regularity of such procedure and pass such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.
Section 34 of the Urban Land (Ceiling and Regulation) Act, 1976, confers revisional powers upon the State Government to scrutinize and modify orders passed by the competent authority or appellate authority regarding surplus land declarations. It plays a crucial role in ensuring the legality and correctness of land ceiling proceedings, especially in the context of administrative and judicial oversight.
Section 34 empowers the State Government to:- Exercise suo motu revision of orders passed by the competent authority under the Act.- Exercise revision on an application by any aggrieved person.- Consider the legality, propriety, and regularity of orders.- Pass appropriate orders, including setting aside or modifying earlier orders.- The section does not specify a fixed time limit for exercising such revisional powers, but judicial interpretations emphasize exercising within a reasonable period.
Section 34 itself does not prescribe specific penalties. However, misuse or exercise of revisional powers beyond jurisdiction, after unreasonable delay, or without following principles of natural justice, can lead to:- Quashing of orders.- Reversal of illegal proceedings.- Possible contempt or administrative action if misconduct is involved.- Judicial review or writ petitions challenging illegal exercise of powers.
This concise commentary underscores that Section 34's revisional powers are to be exercised judiciously, within a reasonable timeframe, and in accordance with principles of natural justice. Excessive delays, lack of opportunity, or illegal collusion nullify such proceedings, especially post-repeal of the Act.
The State Government may issue such orders and directions of a general character as it may consider necessary in respect of any matter relating to the powers and duties of the competent authority and thereupon the competent authority shall give effect to such orders and directions.
(1) The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule made thereunder.
(2) The Central Government may require any State Government to furnish such returns, statistics, accounts and other information, as may be deemed necessary.
Section 36 of the Urban Land Ceiling and Regulation Act, 1976, confers a significant revisional power upon the State Government or the competent authority to modify, annul, or set aside orders passed under the Act. This section provides a mechanism for the correction of errors, prevention of abuse of power, and ensuring the proper implementation of the Act's provisions through a review process.
Section 36 empowers the State Government or the competent authority to suo motu or on an application call for the records of any order passed under the Act and revise, modify, or cancel such orders. It states that:- The authority can exercise this power at any time.- It can do so on its own motion or upon an application.- The revision can be based on any error or illegality in the original order.- The section does not prescribe a time limit for exercise of this revisional power.
Section 36 is a vital provision ensuring the corrective oversight of orders passed under the Urban Land Ceiling and Regulation Act, 1976. While it confers expansive revisional powers, courts have underscored that such powers are to be exercised within legal bounds, with due regard to principles of natural justice, fairness, and reasonableness. Its misuse or exercise beyond a reasonable period can be challenged, and orders tainted by fraud or procedural irregularities are liable to be set aside, safeguarding the integrity of the statutory process.
References are drawn from case law, judicial pronouncements, and authoritative commentaries on the Urban Land Ceiling and Regulation Act, 1976.
The competent authority shall furnish to the State Government concerned such returns, statistics, accounts and other information as the State Government may, front time to time, require.
(1) If any person who is under an obligation to file a statement under this Act fails, without reasonable cause or excuse, to file the statement within the time specified for purpose, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both."
(2) If any person who, having been convicted under sub-section (2) continues to fail, without reasonable cause or excuse, to file the statement, he shall be punishable with fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(3) If any person who is under an obligation to file a statement under this Act files a statement which he knows or has reasonable belief to be false, he shall be punishable with imprisonm
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly\:"
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable
No suit or other legal proceeding shall lie against the Government or any officer of Government in respect of anything which is in good faith done or intended to be done by or under this Act.
No court shall take cognizance of any offence punishable under this Act except on complaint in writing made by the competent authority or any officer authority by the competent authority in this behalf and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any such offence.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority."
Notwithstanding anything contained in the Court-fees Act, 1870 (7 of 1870), every application, appeal or other proceeding under this Act shall bear a court-fee stamp of such value as may be prescribed.
Every officer acting under, or in pursuance of, the provisions of this Act or under the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)."
Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority either on his or its own motion or on an application received in this behalf from any of the parties.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the cultivation or growing of plant which will not be agriculture under clause (A) of the Explanation to clause (o) of section 2;
(b) the period within which the statement may be filed under section 6;
(c) the form of intimation under sub-section(2) and (3) of section 7;
(d) the particulars to be mentioned in the statement referred to in sub-section (1) of section 6, sub-section (2) of section 8, sub-section (1
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act.
Schedule II
[See section 11(2)]
1. The competent authority shall first determine the gross income actually derived by the holder of the vacant land acquired during the period of five consecutive years referred to in clause (a) of sub-section (1) of section 11 including any income from any produce derived from cultivation of the land during the said period.
2. For such determination the competent authority may—
(a) hold any local inquiry and obtain, if necessary, certified copies of extracts from the property tax assessment books of the municipal or other local authority concerned showing the rental value of such land;
(b) estimate the income from any pro
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