Prasagraj: The High Court of Allahabad on Monday fired the petition submitted by Maulana Mohammad Ali Jauhar Trust on the process initiated by the state government to take over the land of Mohammad Ali University in Rimar because it failed to comply with certain conditions where trust was given land in 2005 for the construction of educational institutions.
When passing orders, the court said that the land encroachment and construction of mosques in the university’s place was not justified.
MP Mohammad Azam Khan is the president of his temporary trust of his wife Dr.
Tazeen Fatima is Secretary and son Abdullah Azam Khan is an active member of trust.
Refusing the petition filed by Maulana Mohammad Ali Jauhar Trust, Rohit Justice Rohit Ranjan Agarwal said, “This is a case where most land has been purchased and certain parts of the land owned by tenurial and Gaon Sabha have been penalized by a former Minister of Cabinet to establish an institution Education in accordance with the actions that have emerged in 2005.
This finding has not been attacked by placing documentary evidence that the intended plot has been purchased by trust and not owned by Gaon Sabha or tenurial holders who have initiated the process below section 134 of the income code up.
“Court Furthermore, it was added, “In this case, permission to transfer soil excessively up to 12.50 hectares is only given to build educational institutions.
The establishment of ‘Mosque’ opposes the permission given on November 7, 2005.
Thus trust violates conditions that clearly provide that if there is a violation of K Ondition, excess soil 12.5 hectare will vest in the state afterwards provide the opportunity to hear.
There is no reply before the relevant authority or before the trust of this court can justify the actions to build a ‘mosque’ which is in a clear violation of the conditions stipulated in the permit order on November 7, 2005.
“The Petitioner’s trust has searched for arrangement on March 16 2020 submitted by sub-division judges in connection with the construction on the ground and to stop the order on January 16, 2021 by additional judges (administrative) to vesting of the land in the state “The argument that the campus has a residential place to teach and non-teaching staff, a mosque built for them cannot be accepted as it is contrary to the permission given by the state.
“The court said that there was no disruption needed in the order passed by the ADM (Administration) of Rampi (to start the process below 104/105 from the income code up, 2006 for Vesting of University’s Govt, IE, took over the land.
Given to trust .
“from the sequence derived, I found that the authority income, after taking into consideration not only the report dated March 16, 2020 but also an answer from the applicant, as well as the representation of the state, has profound found to violate the laws and conditions of the trust in setting up educational institutions.
Orders were cultivated It has been passed in the process, “said the court.
It was remembered that in 2005, the state government imposed Mohammad Ali Jauhar University Law, 2005 Paving Way for the creation of university.
After that, the state government gave permission to Maulana Mohammad Ali Jauhar Trust acquires 400 hectares of land against the sky-langi t 12.5 hectares (5.0586 hectares) for r establishment of universities while imposing certain conditions one of them is that the land will be used only for educational purposes.
In accordance with the law, if such limits / conditions are violated, the permit provided by the state government is withdrawn.