Jauhar University Land Row| Trust Claims Violation Of Principle Of Natural Justice As UP Govt Alleges Misuse Of Govt Land Before Allahabad HC

The matter was taken by a bench of Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra days after the Apex Court directed that the Trust's plea to be listed for "urgent admissions" before the Bench presided over by the Acting Chief Justice of the Allahabad High Court (HC).

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 and that the report of the Special Investigation Team was never served upon the petitioner trust.

Further, it was also argued that had the petitioner been confronted with the material which was relied upon to cancel the lease and seal the premises, it could have replied adequately. However, in the absence of any material or evidence and lack of knowledge as to why the lease was being cancelled, the petitioner was not in a position to file a reply to the State.

On the other hand, defending the cancellation of the lease on grounds of blatant misuse of government land by erstwhile cabinet minister Mohammad Azam Khan, Advocate General Ajay Kumar Mishra alleged that Former UP Minister Azam Khan, while sitting as a cabinet minister, holding the portfolio of Minister of Minority Affairs, headed the Trust in the capacity of its Chairman, which was a conflict of interest.

It was further alleged that Mr. Khan did not take necessary approvals from the cabinet nor the Chief Minister before carrying out changes in the terms of the lease of the research institute. Learned Advocate General also argued that the primary and secondary school was being operated without due permission and certification from various authorities.

The crux of the argument of the State was that the conditions of the lease granted in 2005 by the State Government to Maulana Mohammed Ali Jauhar Trust were violated. Accordingly, it was contended that the action of the State in cancelling the lease and sealing the premises was valid.

The bench will continue to hear the matter on Friday.

It may be noted that earlier this year, the State Government cancelled a 3.24-acre land lease to Maulana Mohammed Ali Jauhar Trust, led by former UP minister Azam Khan, citing lease condition violations alleging that originally allocated for a research institute, a school was running on the property. As per rules, after the cancellation of the lease, the possession of land automatically goes to the government.