The Supreme Court Monday stayed the takeover of the land of Mohammad Ali Jauhar University in Rampur initiated by the Uttar Pradesh government for non-adherence to certain conditions on which the land for the institution was granted to a trust run by Samajwadi Party leader Azam Khan in 2005.
A bench of Justices Ajay Rastogi and CT Ravikumar issued notice to the Uttar Pradesh government and others on the appeal filed against the Allahabad high court order.
The high court had in September last year dismissed the petition filed by Maulana Mohammad Ali Jauhar Trust seeking quashing of a report submitted by sub-divisional magistrate in March 2020 on the constructions over the land as well as the order dated January 16, 2021, by additional district magistrate (administration) Rampur for vesting of the land in the state.
Both Azam Khan and his son Abdullah are currently lodged at Sitapur district jail and are facing several cases.
Citing the SDM's report, the high court had said a mosque was constructed over the land which was only for educational purposes, and thus, is a violation of the permission granted by the state government.
The high court had said that no interference was required in the order passed by the ADM to initiate proceedings under Section 104/105 of the UP Revenue Code, 2006 for vesting of University's land in UP government ie, taking over the land given to the Trust.
In 2005, the then Samajwadi Party government enacted the Mohammad Ali Jauhar University Act, paving the way for the creation of the university.
Thereafter, the state government granted permission to the Trust to acquire 400 acres of land against the ceiling of 12.5 acres (5.0586 hectares) for the establishment of the University while imposing certain conditions, one of which was that the land will be used only for educational purposes.
According to law, if such a condition is violated, the permission granted by the state government stands withdrawn.
