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UP State Government last year had 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
A CJI DY Chandrachud led bench of the Supreme Court today refused to entertain a petition filed by Executive Committee of Maulana Mohamad Ali Jauhar Trust against the Uttar Pradesh government's decision to take over their land.
"The admitted facts that stand on the record, the allotment of land was a clear misuse of the office of the Minister..your client was a CABINET MINISTER when the allotment of land happened..we have gone through the judgment..", the CJI observed in court while referring to the facts as gross.
While finding no infirmity with the High Court's decision upholding the government takeover, the bench addressed the grievance made by Senior Advocate Kapil Sibal that 300 children did not have a school to go to.
"The education secretary or concerned department of state government to look into this grievance of finding suitable education for these 300 students..", the top court has said.
The Allahabad High Court on March 18, 2024 had 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.
Before the High Court, 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.
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