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BREAKING | Allahabad HC Dismisses Jauhar University's Plea Challenging UP Govt's Decision Of Cancelling Land Lease
LIVELAW NEWS NETWORK
18 March 2024 3:37 PM IST
The Allahabad High Court today DISMISSED the challenge made to 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 had challenged the Uttar Pradesh government's move to seize the land by voiding the lease deed associated with the University.The state Government cancelled a 3.24-acre land lease...
The Allahabad High Court today DISMISSED the challenge made to 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 had challenged the Uttar Pradesh government's move to seize the land by voiding the lease deed associated with the University.
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 the rules, after the cancellation of the lease, the possession of land automatically goes to the government.
A division bench comprising Justice Manoj Kumar Gupta and Justice Kshitij Shailendra had reserved the verdict in the matter after hearing both parties days after it listed Jauhar University Trust's plea for 'urgent admission' in December 2023. 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.
It may be noted that during the hearing in the case, the Advocate General had 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 had 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 had 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.
