The Allahabad High Court on Monday dismissed a petition against proceedings to take over the land of Mohammad Ali Jauhar University in Rampur initiated by the Uttar Pradesh Government for nonadherence to certain conditions on which the land for the institution was granted to a trust in 2005.
Justice Rohit Ranjan Agarwal dismissed the petition filed by Maulana Mohammad Ali Jauhar Trust seeking quashing of a report submitted by Sub-Divisional Magistrate (SDM) in March 2020 on the constructions over the land as well as the order dated January 16, 2021 by Additional District Magistrate (Administration) Rampur for vesting of the land in the state.
It is yet another setback for Mohammad Azam Khan, Samajwadi Party MP from Rampur Lok Sabha seat, who is the president of the Trust. His wife Tazeen Fatima is the secretary and son Abdullah Azam Khan is an active member of the Trust.
Both Azam Khan and son Abdullah are currently at Sitapur district jail and are facing several cases.
Citing the SDM's report, the court said a mosque was constructed over the land which was only for educational purposes. Thus, it is a violation of the permission granted by the state government.
The court said that no interference was required in the order passed by the ADM to initiate proceedings under Section 104/105 of the UP Revenue Code, 2006 for vesting of University's land in UP Govt i.e. taking over the land given to the Trust.
The court said, "It is a case where a large part of the land has been purchased as well as a certain part of the land belonging to tenure holders and Gram Sabha has been encroached upon by a former Cabinet Minister of the 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 Gram Sabha or the tenure holders who have initiated proceedings under Section 134 of the Code," the court said.
In 2005, the then Samajwadi Party government enacted the Mohammad Ali Jauhar University Act, paving the way for the creation of the university.
Thereafter, the state government granted permission to the 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.
According to law, if such a condition is violated, the permission granted by the state government stands withdrawn.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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