"Land Encroached; Mosque Construction Inside University Premises Not Justified": Allahabad HC Dismisses Azam Khan's Trust Plea Challenging UP Govt Proceedings Against It

Holding that no interference was required in the order passed by the ADM (Administration) Rampur (to initiate proceedings under Section 104/105 of the U.P. Revenue Code, 2006 for vesting of University's land in UP Govt), the Bench of Justice Rohit Ranjan Agarwal observed thus:

"It is a case where large part of land has been purchased as well as certain part of land belonging to tenure holders and Gaon Sabha has been encroached upon by a former Cabinet Minister of State for establishing an educational institution pursuant to an Act which has come up in the year 2005."

Essentially, the said proceedings [under Section 104/105 of the U.P. Revenue Code, 2006] by the UP Government were initiated as the transfer of land by the Trust was hit by Section 157-A of U.P. Zamindari Abolition & Land Reforms Act, 1950 [Restrictions on transfer of land by members of Scheduled Castes] and also because the conditions of the permission granted by the State had been violated by Khan's trust.

The facts in brief

The State of Uttar Pradesh, in 2005, enacted Mohammad Ali Jauhar University Act, 2005 paving way for the creation of a university.

Thereafter, the State Government granted permission to Maulana Mohammad Ali Jauhar Trust to acquire 400 acres of land against the ceiling of 12.5 acres (5.0586 hectares) for the establishment of the University (while putting certain conditions).

Here it is important to note that the said permission to acquire land was given by the UP Government while exercising its powers under Section 154(2) of U.P. Zamindari Abolition & Land Reforms Act, 1950.

The object of Section 154(2) of Act, 1950 is to prevent fraudulent transfer in the garb of the permission granted under Section 154(2) of Act, 1950.

Essentially, this provision empowers the State to grant permission for the transfer of land in excess of the prescribed limit (12.5 acres) in favor of registered co-operative society or institution established for charitable purposes.

However, the said permission comes with certain restriction/ condition, which, if violated, the same stands withdrawn.

Now, in the year 2020, a report was submitted by the Sub-Divisional Magistrate, Rampur containing four major allegations against the petitioner-Trust, which meant that Khan's trust had violated conditions on which the land was granted to it. Two primary violations were:

• Violation by violating Section 157-A of the Act, 1950 and also wrongfully acquiring the chak road.
• Violation of the completion time fixed in the permission given by the State Government i.e. 5 years was also not adhered to by the Trust and a mosque was constructed within the premises of the University.

Section 157-A of Act of 1950

It may be noted that Section 157-A of Act of 1950, lay a restriction upon bhumidhar or asami, belonging to Scheduled Caste, to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector.

Essentially, it was alleged that the mandatory requirement contained in Section 157-A of Act, 1950 had to be adhered to before any transaction is entered into between the parties in respect of any land belonging to members of Scheduled Caste.

Construction of Mosque

The Court noted that in the report of the SDM, it was clear that the construction of 'Mosque' was in violation of condition of sanction/permission as the Trust was required to use the land only for educational purposes.

"The argument 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 goes against the permission granted by the state," noted the Court.

Importantly, the Court further added thus:

"In the present case, permission for the transfer of land in excess to 12.50 acres was granted solely for establishing an educational institution. The establishment of a 'mosque' was against the permission granted on 07.11.2005 thus the Trust violated the conditions and Condition no.5 clearly provided that in case of violation of any of the condition, land excess of 12.50 acres will vest in the State Government after affording the opportunity of hearing. Neither in the reply before respondent No.3 nor before this court petitioner-Trust could justify the action for establishing a 'mosque' which was in clear violation of the condition laid down in the permission order dated 07.11.2005."

Court's order

Lastly, perusing the order impugned, the Court found that the revenue authority, after considering not only the report dated 16.3.2020 but also the reply of the petitioner, as well as the representation of the State, had in depth recorded finding as to the violation of law and condition by the Trust in setting up the educational institution.

Therefore, the Court held that order impugned had rightly been passed in the proceedings under Section 104/105 of Code and the land except 12.50 acres vest in the State Government.

"I find that no case for interference has been made out by the petitioner-Trust as the transfer of land by the Trust is hit by Section 157-A of Act, 1950 and further the conditions of the permission granted by the State on 7.11.2005 had been violated, which had required the institution to strictly follow the same and any contravention would lead to the land vesting in the State Government except 12.5 acres," concluded the Court.

Case title - Maulana Mohammad Ali Jauhar Trust v. State Of U.P. And 2 Others

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