Supreme Court Stays Take Over Of Mohammad Ali Jauhar University's Land By UP Govt Authorities

The Supreme Court on Monday stayed the take over of land allotted to Mohammad Ali Jauhar University at Rampur.

A bench comprising Justices Ajay Rastogi and CT Ravikumar passed the interim order while issuing notice to the State of Uttar Pradesh on the Special Leave Petition filed by Maulana Mohammad Ali Jauhar Trust challenging the Allahabad High Court's refusal to interfere with the direction issued by the Additional District Magistrate, Rampur, for taking back nearly 400 acres of land allotted to the University. The Trust is headed by Samajwadi Party leader Azam Khan.

When the University was established in 2005, the State Government had granted permission to the Maulana Mohammad Ali Jauhar Trust under Section 154(2) of U.P. Zamindari Abolition & Land Reforms Act, 1950 to acquire 400 acres of land against ceiling of 12.5 acres (5.0586 hectare) for establishment of University. The permission was granted subject to several conditions.

In March 2020, the Sub Divisional Magistrate, Rampur, reported that the Trust had conditions several violations, such as unauthorized constructions (including a mosque) and diversion of land for activities other than educational purposes. Based on the SDM report, the ADM passed an order in January 2021 invoking powers under Section 104/105 of the U.P. Revenue Code, 2006 declaring that the land in excess of 12.5 acres under the possession of the University will stand vested with the State Government.

The Trust approached the High Court challenging the ADM's order raising several contentions, such as lack of service of notice of proceedings, deprival of opportunity to rebut and also denial of the report of violations. On September 6, 2021, a single bench of Justice Rohit Ranjan Agarwal dismissed the writ petition.

"After hearing the counsel for the parties and on perusal of record, 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", the Single Judge observed in the order.

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."

Case Title : Maulana Mohammad Ali Jauhar Trust, Lucknow versus State of Uttar Pradesh| SLP(C) No. 5657-5658/2022

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