Supreme Court stays take over of land from trust which allegedly built a mosque on the land whilst getting permission to build a university

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A Supreme Court bench of Justices Ajay Rastogi and CT Ravikumar today stayed the take over of land allotted to Mohammad Ali Jauhar University at Rampur by Sate of Uttar Pradesh. The order of stay was passed in a case where the land was sought to taken over by state on the ground that the trust which is running the university had violated conditions based on which it was granted.

The university was established in 2005 for which the Uttar Pradesh government permitted the Mohammad Ali Jauhar Trust to acquire 400 acres of land over the ceiling of 12.5 acres under the UP abolition of Zamindar & Land reforms act. The permission was granted on the basis of many conditions.
In 2020, the Sub Divisional Magistrate at Rampur noted that the trust had violated several conditions and built a mosque in the land where permission was granted for the university to be constructed. Based on this report, the ADM invoked his powers under the UP revenue code and sought to take over the land which is in excess of 12.5 acres.

The trust had approached the Allahabad High Court against the orders of the SDM, the High Court had dismissed the petition on the ground that the construction of mosque was in violation of the purpose for which the land was granted to the trust. The court further noted that the observations of the SDM were sustainable in law.

It is to be noted that Samajwadi Party leader Azam Khan is the head of the trust.

Case title: Maulana Mohammad Ali Jauhar Trust Vs State of UP