Paridhi Arya
Published on April 19, 2022 at 13:40 IST
The Division Bench of Supreme Court consists of Justice Ajay Rastogi and C T Ravikumar has put the stay over Uttar Pradesh Government’s Order of taking back the allotted land.
The Petition was filed by Mohammad Ali Jauhar Trust whose head is Azam Khan against the Order of Allahabad High Court.
The State Government has allotted the land under Section 154(2) of UP Zamindari Abolition & Land Reforms Act, 1950 subject to some conditions after the establishment of Mohammad Ali Jauhar University.
Additional District Magistrate (ADM) on March 2020, filed a Report stating that the conditions on which land is allotted are violated by constructing a Mosque and using the land for non-educational purpose
Sub Division Magistrate (SDM) passed the order stating of getting of taking back the land issued because conditions are Violated.
Trust challenged the order of Sub Division Magistrate in Allahabad High Court. Court refused to intervene stating that conditions are violated.
High Court noted that “Permission for the transfer of land in excess to 12.5 acres was granted solely for establishing an educational institution”
“The argument that the campus had residential premises for teaching as well as non-teaching staff, a ‘mosque’ was constructed for them cannot be accepted as it goes against the permission granted by the state…the establishment of a ‘mosque’ was against the permission granted on November 7, 2005, thus the Trust violated the conditions,” said by Court.