Allahabad HC dismisses plea challenging taking back land of Jauhar varsity
The Allahabad High Court on Monday dismissed a petition filed by Maulana Mohammad Ali Jauhar Trust against proceedings initiated by the state government. The UP government had initiated proceedings to take over the land of Mohammad Ali Jauhar University for failing to adhere to conditions on which the trust was granted the land in 2005 for the construction of an educational institution.
MP, Mohammad Azam Khan is the president of the trust while his wife, Dr Tazeen Fatima, is the secretary and son, Abdullah Azam Khan, is an active member of the Trust.
The court said that as per the report of the SDM concerned, a mosque was constructed on the land which was only for educational purposes, and thus, in violation of permission granted by the state government.
Justice Rohit Ranjan Agarwal dismissed the petition filed by Maulana Mohammad Ali Jauhar Trust seeking the quashing of the March 16, 2020 report submitted by the SDM with regard to constructions on the land. The trust also sought to quash the additional district magistrate (administration) Rampur’s order, dated January 16, 2021, for vesting of the land in the state.
On the argument of the defence counsel that the mosque was built for staff of the university, the court observed, “The argument that the campus had residential premises for teaching as well as non-teaching staff, and so a mosque was constructed for them, cannot be accepted as it goes against the permission granted by the state.”
The court said that no interference was required in the order passed by the ADM (administration) Rampur to initiate proceedings under Section 104/105 of the UP Revenue Code, 2006 for vesting of University’s land in UP Govt ie taking over the land given to the Trust.
The court said, “It is a case where a large part of land has been purchased as well as certain part of the land belonging to tenure holders and Gaon Sabha has been encroached upon by a former cabinet minister of state for establishing an educational institution pursuant to an Act which has come up in the year 2005. The finding has not been assailed by placing documentary proof that the plots in question were purchased by the Trust and does not belong to Gaon Sabha or the tenure holders, who have initiated proceedings under Section 134 of the Code.”
“From the order impugned, I find that the revenue authority, after considering not only the report dated 16.3.2020 but also the reply of the petitioner, as well as the representation of the State, had in depth recorded finding as to the violation of law and condition by the Trust in setting up the educational institution. The order impugned has rightly been passed in the proceedings under Section 104/105 of Code and the land except 12.50 acres vest in the State Government.”
In 2005, the state government enacted the Mohammad Ali Jauhar University Act, paving the way for the creation of the university.
Thereafter, the state government granted permission to Maulana Mohammad Ali Jauhar Trust to acquire 400 acres of land against the ceiling of 12.5 acres (5.0586 hectares) for the establishment of the university while imposing certain conditions one of which was that the land will be used only for educational purposes.
As per law, if such restriction/ condition is violated, the permission granted by the state government stands withdrawn.