On Monday, the Supreme Court stayed the Allahabad High Court order to take over of land allotted to Mohammad Ali Jauhar Trust at Uttar Pradesh’s Rampur.

The Allahabad High Court had allowed the state to take over the land allotted to Mohammad Ali Jauhar University owned by Samajwadi Party leader Azam Khan.

According to the reports, the state government of Uttar Pradesh 2005 had allotted 400 acres of land against a ceiling of 12.5 acres (5.0586 hectares) to establish the university.

The permission was granted based on various conditions. However, in 2020, the Sub Divisional Magistrate, Rampur found out that the Trust had violated the conditions by illegally constructing a mosque on the premises. Based on the SDM report, the ADM passed an order in January 2021 invoking powers under Section 104/105 of the U.P. Revenue Code, 2006 declaring that the land in excess of 12.5 acres under the possession of the University will stand vested with the State Government.

The Trust approached the High Court challenging the ADM's order raising several contentions, such as lack of service of notice of proceedings, deprival of opportunity to rebut, and also a denial of the report of violations. On September 6, 2021, a single bench of Justice Rohit Ranjan Agarwal dismissed the writ petition.

The state government of Uttar Pradesh 2005 had allotted Mohammad Ali Jauhar Trust 400 acres of land to establish the university

"After hearing the counsel for the parties and on perusal of record, I find that no case for interference has been made out by the petitioner-Trust as the transfer of land by the Trust is hit by Section 157-A of Act, 1950 and further the conditions of the permission granted by the State on 7.11.2005 had been violated, which had required the institution to strictly follow the same and any contravention would lead to the land vesting in the State Government except 12.5 acres", the Single Judge observed in the order.

Based on the report submitted by the Sub Divisional Magistrate, the state government in the year 2021 declared that the land over 12.5 acres given to the University, would remain the state’s property. The Trust argued that the mosque was built for the teachers and non-teaching staff who are residing on the university premise.

The Court noted that in the report of the SDM, it was clear that the construction of 'Mosque' was in violation of the condition of sanction/permission as the Trust was required to use the land only for educational purposes. "The argument that the campus had residential premises for teaching as well as non-teaching staff, a 'Mosque' was constructed for them cannot be accepted as it goes against the permission granted by the state," noted the Court.

Importantly, the Court further added thus:

"In the present case, permission for the transfer of land in excess of 12.50 acres was granted solely for establishing an educational institution. The establishment of a 'mosque' was against the permission granted on 07.11.2005 thus the Trust violated the conditions and Condition no.5 clearly provided that in case of violation of any of the conditions, land excess of 12.50 acres will vest in the State Government after affording the opportunity of hearing. Neither in the reply before respondent No.3 nor before this court petitioner-Trust could justify the action for establishing a 'mosque' which was in clear violation of the condition laid down in the permission order dated 07.11.2005."

Supreme Court stays takeover of land of Samajwadi Party leader Azam Khan's Jauhar University

Case Title: Maulana Mohammad Ali Jauhar Trust, Lucknow versus State of Uttar Pradesh| SLP(C) No. 5657-5658/2022

The land was allotted in the year 2005 to the Trust under Section 154(2) of U.P. Zamindari Abolition & Land Reforms Act, 1950. A bench of Justices Ajay Rastogi and Justice CT Ravikumar on April 18 also issued notice on a plea filed by the Trust challenging the High Court’s decision and has listed the matter for the next hearing in August.

References:

opindia.com