Allahabad High Court Reserves Verdict On Jauhar University's Plea Challenging UP Govt's Decision Of Cancelling Land Lease

The Allahabad High Court today reserved its verdict in the matter of the cancellation of the lease of Maulana Mohamad Ali Jauhar University's land in the state's Rampur District. The writ petition of the Univeristy Trust challenges the Uttar Pradesh government's move to seize the land by voiding the lease deed associated with the University.

A division bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra reserved the verdict after hearing both parties days after it listed Jauhar University Trust's plea for 'urgent admission'. While reserving the judgment, the bench also directed the State government to keep the helpline for children of Rampur Public School operative till the end of the academic year 2023-24.

Earlier on Friday, the HC allowed the intervention application filed by Rampur Public School in the matter while putting a specific query to the Advocate General appearing on behalf of the State regarding the status of the students who were enrolled in Rampur Public School at the time of cancellation of the lease. The court also expressed its concern regarding safeguarding the interest of the students.

More details of the hearing here: Allahabad HC Allows 'Rampur Public School' To Intervene In Jauhar University Land Dispute, Seeks Details On Safeguarding Students' Interest

It may be noted that during the hearing in the case, the Advocate General defended the cancellation of the lease without show cause notice on grounds that public interest is of paramount consideration. It was argued that the land which was acquired for the purpose of higher learning (research institute) was being used to run the Rampur Public School.

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.

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.

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.