Prayagraj: The Allahabad High Court on Monday dismissed a petition filed by the Maulana Mohammad Ali Jauhar Trust, seeking permission to acquire the Mohammad Ali Jauhar University land in Rampur by the state government for failing to comply with certain conditions. was filed against the proceedings, on which the trust was sanctioned. Land for the construction of educational institution in 2005.
While passing the order, the court said that the encroachment of land inside the university campus and the construction of a mosque is not justified.
MP Mohammad Azam Khan is the chairman of the trust while his wife Dr Tazeen Fatima is the secretary and son Abdullah Azam Khan is an active member of the trust.
Dismissing the petition filed by the Maulana Mohammad Ali Jauhar Trust, Justice Rohit Ranjan Agrawal observed, “This is a case where major part of the land has been purchased and also tenants and gram sabhas occupied some part of the land.” The former cabinet minister of the state for setting up an educational institution as per an act that came out in the year 2005. The conclusion is not attacked by giving documentary evidence that the plots in question were purchased by the trust and do not belong to the UP Revenue Code. Gram Sabha or tenure holder initiating proceedings under section 134 of the
The Court further observed, “In the present case, the transfer of land of more than 12.50 acres was allowed only for the establishment of an educational institution. The establishment of a ‘mosque’ was against the permission given on November 7, 2005. Thus the Trust violated the conditions which explicitly provide that in case of breach of any of the conditions, the land exceeding 12.50 acres shall vest in the State Government. Providing opportunity of being heard. Neither in reply before the authority concerned nor the petitioner trust before this court could justify the action for setting up a ‘mosque’, which was a clear violation of the conditions laid down in the leave order dated November 7, 2005.
The petitioner trust had sought quashing of the March 16, 2020 report submitted by the Sub-Divisional Magistrate regarding the construction on the land as well as the order dated January 16, 2021 by the Additional District Magistrate (Administration), Rampur. land in the state.
On the contention of the counsel for the petitioner that the mosque was constructed for the employees university court “The contention 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 is against the permission granted by the State. ”
The Court observed that the order passed by ADM (Administration) Rampur (to vest the University land in the UP Government to initiate proceedings under Section 104/105 of the UP Revenue Code, 2006, i.e. to acquire the land) No intervention was required. given to the trust.
“By the order, I find that the Revenue Authority, after considering not only the report dated March 16, 2020, but also the reply of the petitioner as well as the representation of the State, had entered into the infraction as a violation. of the law and conditions by the trust in the establishment.The court held that the right order has been passed in the proceedings.
It may be mentioned that in 2005, the state government enacted the Mohammad Ali Jauhar University Act, 2005, which paved the way for the creation of the university.
Thereafter, the state government allowed the Maulana Mohammad Ali Jauhar Trust to acquire 400 acres of land against a limit of 12.5 acres (5.0586 ha) for the establishment of the university, with one condition that the land would be used only for educational purposes. for purposes.
As per law, if such restrictions/conditions are violated, the permission granted by the State Government stands withdrawn.
While passing the order, the court said that the encroachment of land inside the university campus and the construction of a mosque is not justified.
MP Mohammad Azam Khan is the chairman of the trust while his wife Dr Tazeen Fatima is the secretary and son Abdullah Azam Khan is an active member of the trust.
Dismissing the petition filed by the Maulana Mohammad Ali Jauhar Trust, Justice Rohit Ranjan Agrawal observed, “This is a case where major part of the land has been purchased and also tenants and gram sabhas occupied some part of the land.” The former cabinet minister of the state for setting up an educational institution as per an act that came out in the year 2005. The conclusion is not attacked by giving documentary evidence that the plots in question were purchased by the trust and do not belong to the UP Revenue Code. Gram Sabha or tenure holder initiating proceedings under section 134 of the
The Court further observed, “In the present case, the transfer of land of more than 12.50 acres was allowed only for the establishment of an educational institution. The establishment of a ‘mosque’ was against the permission given on November 7, 2005. Thus the Trust violated the conditions which explicitly provide that in case of breach of any of the conditions, the land exceeding 12.50 acres shall vest in the State Government. Providing opportunity of being heard. Neither in reply before the authority concerned nor the petitioner trust before this court could justify the action for setting up a ‘mosque’, which was a clear violation of the conditions laid down in the leave order dated November 7, 2005.
The petitioner trust had sought quashing of the March 16, 2020 report submitted by the Sub-Divisional Magistrate regarding the construction on the land as well as the order dated January 16, 2021 by the Additional District Magistrate (Administration), Rampur. land in the state.
On the contention of the counsel for the petitioner that the mosque was constructed for the employees university court “The contention 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 is against the permission granted by the State. ”
The Court observed that the order passed by ADM (Administration) Rampur (to vest the University land in the UP Government to initiate proceedings under Section 104/105 of the UP Revenue Code, 2006, i.e. to acquire the land) No intervention was required. given to the trust.
“By the order, I find that the Revenue Authority, after considering not only the report dated March 16, 2020, but also the reply of the petitioner as well as the representation of the State, had entered into the infraction as a violation. of the law and conditions by the trust in the establishment.The court held that the right order has been passed in the proceedings.
It may be mentioned that in 2005, the state government enacted the Mohammad Ali Jauhar University Act, 2005, which paved the way for the creation of the university.
Thereafter, the state government allowed the Maulana Mohammad Ali Jauhar Trust to acquire 400 acres of land against a limit of 12.5 acres (5.0586 ha) for the establishment of the university, with one condition that the land would be used only for educational purposes. for purposes.
As per law, if such restrictions/conditions are violated, the permission granted by the State Government stands withdrawn.
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