The Allahabad High Court in the case observed and has dismissed the challenge made to the cancellation of the lease of Maulana Mohamad Ali Jauhar University’s land in the state’s Rampur District.
In the present case, the writ petition has been moved challenging the Uttar Pradesh government’s move to seize the land by voiding the lease deed associated with the University.
The State Government in the case cancelled a 3.24-acre land lease to Maulana Mohammed Ali Jauhar Trust, led by former UP minister Azam Khan, citing lease condition violations alleging that originally allocated for a research institute, a school was running on the property. As per the rules, after the cancellation of the lease, the possession of land automatically goes to the government.
The Division bench comprising of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra in the case observed and has reserved its verdict in the matter after hearing both parties days after it listed Jauhar University Trust’s plea for ‘urgent admission’ in December 2023.
The bench in the case observed and has directed the State government to keep the helpline for children of Rampur Public School operative till the end of the academic year 2023-24.
The court noted that during the hearing in the case, the Advocate General had defended the cancellation of the lease without show cause notice on grounds that public interest is of paramount consideration.
It was also argued before the court that the land which was acquired for the purpose of higher learning (research institute) was being used to run the Rampur Public School.
While defending the cancellation of the lease on grounds of blatant misuse of government land by erstwhile cabinet minister Mohammad Azam Khan, Advocate General Ajay Kumar Mishra had alleged that Former UP Minister Azam Khan while sitting as a cabinet minister, holding the portfolio of Minister of Minority Affairs, headed the Trust in the capacity of its chairman, which was a conflict of interest.
The counsel, Senior Advocate Amit Saxena had alleged a violation of principles of natural justice in the cancellation of the lease deed and sealing of the property by the UP government.
Therefore, it was the primary contention of the Trust that no notice was served upon any member of the committee or the trust itself before action was taken against the Research Institute and that the report of the Special Investigation Team was never served upon the petitioner trust.
It was also argued before the court that had the petitioner been confronted with the material which was relied upon to cancel the lease and seal the premises, it could have replied adequately.
The court observed that in the absence of any material or evidence and lack of knowledge as to why the lease was being cancelled, the petitioner was not in a position to file a reply to the State.
