Allahabad HC reserved its verdict in Maulana Mohamad Ali Jauhar University's land cancellation lease

Allahabad HC reserved its verdict in Maulana Mohamad Ali Jauhar University's land cancellation lease

Today, the Allahabad High Court reserved its verdict on the cancellation of the lease linked to Maulana Mohamad Ali Jauhar University's land in Rampur District, Uttar Pradesh. The University Trust has filed a writ petition contesting the state government's action to reclaim the land by invalidating the lease agreement connected to the university.

Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra, constituting a division bench, have reserved their decision after hearing arguments from both sides. This comes a few days after the 'urgent admission' plea filed by Jauhar University Trust being listed.

Alongside reserving the verdict, the bench has instructed the state government to maintain the helpline for Rampur Public School students operational until the culmination of the academic year 2023–24.

On Friday, the High Court granted permission for the intervention application submitted by Rampur Public School in this case. 

During the court session, the Advocate General justified the lease cancellation without issuing a show cause notice, citing the paramount importance of public interest. The argument presented highlighted that the land initially acquired for a higher learning institution, namely a research institute, was instead utilized to operate the Rampur Public School.Advocate General Ajay Kumar Mishra defended the lease cancellation by accusing former cabinet minister Mohammad Azam Khan of grossly misusing government land. Mishra alleged that during his tenure as a cabinet minister, specifically while holding the position of Minister of Minority Affairs, Azam Khan simultaneously chaired the Trust, constituting a conflict of interest. This situation was presented as a basis for the cancellation of the lease. Appearing for the trust, Senior Advocate Amit Saxena alleged a violation of principles of natural justice in the cancellation of the lease deed and sealing of the property by the UP government.

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.

They emphasized that the report from the Special Investigation Team was never officially presented to the petitioner trust, indicating a lack of due process in the actions taken against them.

 

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