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The Allahabad High Court has dismissed a petition filed by Azam Khan’s Maulana Mohammad Ali Jauhar Trust seeking relief in a case in which it was alleged that the Trust has violated strict conditions under which it was given permission by the state government to acquire excess land for the establishment of Mohammad Ali Jauhar University.

The matter was heard by the bench of Justice Rohit Ranjan Agarwal.

The court held that "it was a case where a large part of the land has been purchased as well as certain part of the land belonging to tenure holders and Gaon Sabha has been encroached upon by a former Cabinet Minister of state for establishing an educational institution."

It is to be noted here that Mohammad Azam Khan, a Samajwadi Party leader is the president of the Trust.

It was stated by the counsel for the state that the Trust was granted the state’s permission on Nov 7, 2005 to acquire 400 acres of land against a ceiling of 12.5 acres (5.0586 hectare) for establishment of the University with certain restrictions/conditions which included that the land will not be used for any purpose other than educational purposes.

It was also provided in the conditions that if the Trust violates any of the conditions, any land which is in excess of 12.5 acres will be acquired by the state without any compensation, the state counsel averred.

The state counsel then informed the court that the Trust has, however, violated multiple conditions by wrongfully acquiring the chak road and constructing a mosque within the premises of the University. It was also alleged by the state that the Trust was not doing any work in public interest, as was directed by the conditions of the permission for land acquisition.

It was also brought to the attention of the court that not only was the land of the Scheduled Caste community taken without the mandatory permission under Section 157-A of the U.P. Zamindari Abolition & Land Reforms Act, 1950, but the Chak Road and the land adjoining the river, which is a public utility land of Gaon Sabha, was also taken over by the Trust.

It was also stressed that about 26 farmers had lodged a first information report against the Chairman of the Trust, Mohammad Azam Khan, for land grabbing.

Taking note of the state’s submissions and the petitioner Trust’s contentions, the court stated that there was no evidence placed on record by the petitioner to substantiate that the conditions as asked by the state government were fulfilled.

The court also noted that the construction of the ‘Mosque’ is also in violation of the condition of sanction/permission.

The Court held,

“The argument that the campus had residential premises for teaching as well as non-teaching staff, and a ‘Mosque’ was constructed for them cannot be accepted as it goes against the permission granted by the state.”

The court said that though Section 154(2) of Act, 1950 clearly empowers the state to grant permission for transfer of excess land of the prescribed limit in favour of registered co-operative society or institution established for charitable purposes, the said permission comes with certain restriction/conditions. If these conditions are violated, the permission stands withdrawn.

The court added that the object of imposing conditions while allowing to purchase excess land is to prevent fraudulent transfer in the garb of the permission granted under Section 154(2) of Act, 1950 and in case it is found that such transfer is in contravention, the land in excess of the prescribed limit will vest in the state.

Therefore, finding the Trust to be in violation of the conditions as laid down by the state while granting permission to acquire excess land, the Court refused to interfere in the order passed by the Additional District Magistrate (Administration) Rampur initiating proceeding of eviction against the Trust under Section 104/105 of the U.P. Revenue Code, 2006.

Case Title: Maulana Mohammad Ali Jauhar Trust v. State Of U.P. And 2 Others