Today, the Allahabad High Court delivered a verdict rejecting the challenge raised against the cancellation of the lease for the land of Maulana Mohamad Ali Jauhar University in Rampur District of Uttar Pradesh. The University Trust had submitted a writ petition opposing the Uttar Pradesh government’s action to revoke the land lease associated with the university.
The Allahabad High Court on Monday has dismissed the petition filed by Maulana Mohamad Ali Jauhar University, challenging the Uttar Pradesh government’s decision to cancel the lease of its land in Rampur District. The decision marks a pivotal moment in the ongoing dispute between the state government and the university, led by former UP minister Azam Khan.
Also Read-Madras High Court Bars O Paneerselvam From Using AIADMK Symbols In Ongoing Party Feud (lawchakra.in)
The university’s trust had filed a writ petition against the Uttar Pradesh government’s action, which involved seizing the land by annulling the lease deed associated with the institution. The state had revoked a 3.24-acre land lease granted to the Maulana Mohammed Ali Jauhar Trust, citing violations of lease conditions. The government alleged that the land, initially allocated for a research institute, was instead being used to operate a school.
A division bench, comprising Justice Manoj Kumar Gupta and Justice Kshitij Shailendra, delivered the verdict after reserving judgment post-hearings. The case had gained urgency when the Jauhar University Trust’s plea was listed for ‘urgent admission’ in December 2023. The bench also issued a directive to the state government, ordering the continuation of the helpline for children of Rampur Public School until the end of the academic year 2023-24.
Also Read-Delhi High Court Demands WhatsApp’s Response On Couple’s Request To Remove Explicit Video (lawchakra.in)
During the legal proceedings, the Advocate General defended the lease cancellation, arguing that public interest should be the paramount consideration. The contention was that the land, meant for higher learning purposes, was misappropriated for running Rampur Public School. The Advocate General, Ajay Kumar Mishra, highlighted the alleged misuse of government land by Azam Khan, who served as the chairman of the trust while also holding the position of Minister of Minority Affairs, describing it as a conflict of interest.
Representing the university trust, Senior Advocate Amit Saxena raised concerns over the violation of natural justice principles in the lease deed’s cancellation and the subsequent sealing of the property by the UP government. The trust argued that it received no prior notice before the action was taken against the Research Institute, nor was it confronted with the material or evidence that led to the lease’s cancellation. This lack of communication and transparency, according to the trust, prevented them from adequately responding to the state’s actions.
The primary contention from the university’s side was the absence of a formal notice to any trust or committee member before the lease cancellation and the sealing of the premises. They also claimed that the report from the Special Investigation Team was never presented to the petitioner trust, leaving them in the dark about the reasons behind the lease termination and unable to provide a proper response.
This court ruling underscores the legal challenges faced by educational institutions in land lease agreements and highlights the importance of adhering to the terms set forth in such agreements. The decision not only affects the future of Maulana Mohamad Ali Jauhar University but also sets a precedent for how lease agreements related to educational institutions are handled by the judiciary and the government in Uttar Pradesh.
