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Allahabad HC dismisses plea of Maulana Mohd Ali Jauhar Trust

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Allahabad HC - law insider

Aishwarya Rathore-

Published on: September 7, 2021, at 14:49 IST

The Allahabad High Court dismissed a plea filed by Maulana Mohammad Ali Jauhar Trust challenging the State Government’s decision to take over the land of the Mohd Ali Jauhar University in Rampur.

The UP Government had taken legal action against the Trust for failing to meet certain conditions when it was given land in 2005 for the establishment of an educational institution.

President Mohd Azam Khan, Secretary Tanzeen Fatima, and son are all active members of the Trust.

The Court stated, It is a case where a former Cabinet Minister of the State has encroached upon a large part of land as well as certain parts of land belonging to tenure holders and Gram sabha for the purpose of establishing an Educational Institution pursuant to an Act that was passed in the year 2005.”

The Court further added, “In the present case, approval for the transfer of property in excess of 12.50 acres was given only for the purpose of constructing an Educational Institution.”

The construction of Mosque was in violation of the permission granted on November 7, 2005.

Thus, the Trust breached the conditions, which explicitly stated that if any of the conditions were violated, land in excess of 12.50 acres would vest in the State Government following a hearing.

Accordingly, the Court dismissed the petition filed by the Maulana Mohammad Ali Jauhar Trust.

Click here to read/ download the order

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