Apex Court Issues Stay On Allahabad HC Order Permitting To Take Back Azam Khan’s Jauhar University.

(Judicial Quest News Network)

The Apex Court on Monday heard Mohammed Ali Jauhar University’s plea challenging the order given by the Allahabad High Court .In 2005, the University was given 500 Acres of land in Rampur.

A bench comprising Justices Ajay Rastogi and CT RaviKumar passed the interim order while issuing notice to the State Government of Uttar Pradesh on the Special Leave Petition filed by Maulana Mohammed Ali Jauhar Trust which challenged the Allahabad High Court‘s refusal to interfere with direction issued by the Additional District magistrate, Rampur, for taking back nearly 400 acres of land allotted to the University.

“The petitioner is a registered Public Charitable Trust and has established 4 schools for imparting education from Play School to C lass-XII affiliated to CBSE Board.” Submits the petitioner

Apart from providing to poor, down trodden meritorious and deserving students free education, it charges subsidized fee of Rs.20/-only per month from every poor student who can’t afford education. It has also established a Hospital.

It also conducts free Health check-up camps, blood donation camps in the neighbouring villages and distributes free medicines to the weaker section of the society.

It also established various institutions imparting professional courses. Some of its institutions were granted the status of minority institutions by the National Commission for Minority Educational Institution.

At the instance of the petitioner-Trust, the State of U.P. enacted Mohammad Ali Jauhar University Act, 2005 (Act No.19/2006).

The University is a Self Financing University being run on no-profit-no loss basis.

It does not receive any grant or aid either from the Central Govt. or the State Govt. not even maintenance grants from U.G.C. In order to establish the said University, the petitioner-Trust approached the State Govt. seeking its permission to acquire 400 acres of land as u/s.154 (1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 no person can hold land in excess of 5.0586 Hect. (12.50 Acres). A full detail of the lands to be purchased by the Trust was also furnished in the application. After receipt of the application, the proposal was examined by the Tehsildar, S.D.M., Sadar and the District Magistrate, Rampur who all recommended for grant of permission.

It is further submitted that in the meanwhile on the report dated 16.03.2020 of the Sub-Divisional Magistrate, Rampur, Case No.406/2020 was initiated by the District Magistrate, Rampur against the Petitioner-Trust u/ss. 104 & 105 of the U.P. Revenue Code, 2006 for allegedly violating the terms & conditions for purchasing lands in the Govt. Order dated 07.11.2005 and the Addl. District Magistrate (Admn.), Rampur by its order dated 16.01.2021 directed vesting of 70.005 Hects. Land of the petitioner-Trust in the Govt. free from encumbrances for allegedly violating the terms and conditions contained in the Govt. Order dated 07.11.2005. The Authority was also directed to take steps to take possession of the vested lands and to make consequential entry in the records.

The government acted upon the reports that the Trust had violated condition nos.2 and 4 by not completing the construction within the stipulated period and did not submit the statement in regard to acquisition of land and construction made thereupon annually as well as construction of ‘mosque’ over the acquired land.

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 denial of the report of violations. On September 6, 2021, a single bench of Justice Rohit Ranjana Agarwal dismissed the writ petition.

“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 23 contravention would lead to the land vesting in the State Government except 12.5 acres.” The single judge observed in the order.

The petitionr-Trust further contended that the report of the year 2009 only indicates that construction work was in progress over 24,000 Sq.Mts. of land. Moreover, no document was either produced before the authorities, or placed before this court to substantiate that the condition was fulfilled. Finding recorded by respondent No.3 as to the construction of ‘Mosque’ is also in violation of condition of sanction/permission as the Trust was required to use land only for educational purpose. 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.

In the present case, permission for transfer of land in excess to 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 condition, land excess of 12.50 acres will vest in the State Government after affording 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.