Allahabad HC Dismisses Maulana Mohamad Ali Jauhar University's Challenge Against Lease Cancellation in Rampur District

Allahabad HC Dismisses Maulana Mohamad Ali Jauhar University's Challenge Against Lease Cancellation in Rampur District

Today, the Allahabad High Court ruled against the challenge brought forth regarding the cancellation of the lease for Maulana Mohamad Ali Jauhar University's land in Rampur District of the state. The University Trust had filed a writ petition contesting the Uttar Pradesh government's decision to reclaim the land by nullifying the lease agreement linked to the university.

The state Government revoked a 3.24-acre land lease granted to Maulana Mohammed Ali Jauhar Trust, under the leadership of former UP minister Azam Khan, citing breaches of lease conditions. Allegedly, instead of its intended purpose as a research institute, a school was operating on the premises. According to regulations, upon lease cancellation, possession of the land automatically reverts to the government.

A division bench consisting of Justice Manoj Kumar Gupta and Justice Kshitij Shailendra had deferred the verdict in the case after listening to arguments from both sides. This came days after the plea from Jauhar University Trust for 'urgent admission' was listed in December 2023. While deferring the judgment, the bench also instructed the State government to ensure the continued operation of the helpline for students of Rampur Public School until the conclusion of the academic year 2023-24.

During the hearing of the case, it's worth noting that the Advocate General defended the cancellation of the lease without issuing a show cause notice, emphasizing that public interest takes precedence. The argument put forward was that the land, originally allocated for higher education purposes (a research institute), was instead being utilized to operate Rampur Public School.

Advocate General Ajay Kumar Mishra defended the cancellation of the lease by alleging blatant misuse of government land by former cabinet minister Mohammad Azam Khan. Mishra claimed that Khan, while serving as a cabinet minister and holding the portfolio of Minister of Minority Affairs, simultaneously chaired the Trust. This dual role was deemed a conflict of interest.

Senior Advocate Amit Saxena, representing the trust, contended that the cancellation of the lease deed and sealing of the property by the UP government constituted a violation of the principles of natural justice. The Trust's main argument was that no notice was provided to any member of the committee or the trust prior to the action taken against the Research Institute. Additionally, Saxena stated that the report of the Special Investigation Team was never served upon the petitioner trust.

Furthermore, it was contended that if the petitioner had been presented with the material upon which the cancellation of the lease and sealing of the premises were based, it could have provided a sufficient response. However, due to the absence of any such material or evidence, and lacking clarity on the reasons behind the lease cancellation, the petitioner was unable to formulate a reply to the State's actions.

 

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