New Delhi: Pointing toward gross violation of norms, the Supreme Court on Monday upheld an Allahabad High Court decision allowing the Uttar Pradesh government to take over land allotted to Samajwadi Party leader Azam Khan’s Trust for Jauhar University in Rampur.
A bench comprising Chief Justice of India D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra dismissed a petition filed by the Executive Committee of Maulana Mohammad Ali Jauhar Trust, founded by Samajwadi Party leader Azam Khan, challenging the cancellation of the lease deed dated February 4, 2015.
The Bench dismissed the plea against the Uttar Pradesh government’s decision to take over the land of the Jauhar University in Rampur, saying there is no infirmity in the High Court’s decision.
Senior Advocate Kapil Sibal, appearing for the Trust, argued that the Uttar government’s action was malafide as this is not a for-profit organization. Sibal pointed out that we charge children only 5 rupees as a fee.
CJI said, “The admitted facts that stand on the record, are that 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 facts here are gross violation of norms.”
CJI Chandrachud said the 2015 decision to grant the lease was taken when Azam Khan was a minister and this raised doubts about the validity of the lease given to a private trust of which Khan was a lifetime member, CJI said.
Sibal said that around 300 children don’t have a school to go to now, at least the government should consider making some arrangements for them.
CJI then said, “We find no infirmity in the High Court’s decision and directed the education secretary or concerned department of state government to look into this grievance of finding suitable education for these 300 students.”
The matter pertains to that the state government’s decision to cancel the lease of a 3.24-acre plot on the ground that the property was being used for a school instead of a research institute as originally intended.
The High Court on March 18 dismissed a petition filed by the 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 Trust approached the Supreme Court against the High Court judgment that dismissed its plea against the government’s decision taken on March 31, 2023.
The Trust argued that the government violated the principle of natural justice as the it was not notified before the government took action.
The Trust was not provided with the report of the Special Investigation Team and was not given the material that was used to cancel the lease.
The Allahabad High Court dismissed the Trust’s petition.
