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On a report filed by an SIT, the State Government, last year, decided to terminate the lease granted to Maulana Mohamad Ali Jauhar Trust on the ground that Azam Khan had misused and abused his position to usurp highly valuable State land in favor of his family trust
The Allahabad High Court on March 18 dismissed the petition filed by Executive Committee of Maulana Mohamad Ali Jauhar Trust against the Uttar Pradesh government's decision to take over the land of the Jauhar University in Rampur.
The judgment was rendered by a division bench comprising Justice Manoj Kumar Gupta and Justice Kshitij Shailendra. The order had been reserved on December 18, 2023.
Through the writ petition, the Executive Committee of the Trust contended that the lease cancellation occurred without any opportunity for a hearing. It argued that the Government never issued any show cause notice and the Office Memorandum revoking its lease did not disclose any reason.
Representing the state, the advocate general defended the lease termination without a prior show cause notice, emphasizing the paramount importance of public interest. It was asserted that the land, initially acquired for educational purposes (a research institute), was being utilized for the operation of the Rampur Public School.
Citing the findings of the Special Investigation Team, the advocate general stated that adequate opportunities were extended to the petitioner trust before the lease cancellation.
The argument presented highlighted allegations of "nepotism," indicating that Mohd. Azam Khan, being a Cabinet Minister in the regime of the previous Government, who also served as the chairman of the private trust managing the institution, had misused and abused his position to usurp highly valuable State land and that the building of the Research Institute was built from the State exchequer.
On January 31, 2023 the Additional Chief Secretary, Department of Minority Welfare and Waqf, U.P. Civil Secretariat, Lucknow issued an Office Memorandum withdrawing permission to attach Maulana Mohammad Ali Jauhar Trust with the Maulana Mohammad Ali Jauhar Technical and Research Institute, Rampur. It also terminated the lease deed dated February 4, 2015 and also the Rectification Deed dated May 22, 2015.
Before the high court, the Trust challenged the abovementioned Office Memorandum as well as a notices dated February 15, 2023 and March 6, 2023 issued by the District Minority Welfare Officer, District Rampur whereby the Manager of the Trust had been directed to vacate the premises of the Research Institute.
The erstwhile Government, ruled by Samajwadi Party, had transferred 1.314 hectares of land of District Jail, Rampur to the Department of Minority Welfare and Waqf, State of U.P. for establishment of the Training and Research Institute.
In 2014, the State Government took a decision to lease out the Research Institute in favour of the petitioner trust and a lease deed dated 04.02.2015 was executed between the Governor of the State and the petitioner trust.
With the coming of new Government in power in the year 2017, Member of U.P. Legislative Assembly and Minister of State Baldev Singh Aulakh made certain complaints before the State Government regarding the functioning of the petitioner trust.
Thereafter, a Special Investigation Team (SIT) was constituted. On SIT's report the State Government, on 28.01.2023, took a decision to terminate the lease deed.
Case Title: Executive Committee Maulana Mohamad Ali Jauhar Trust v. State Of U.P. And 6 Others
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