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The motion had been taken by the state authorities in opposition to the Belief for failing to stick to sure circumstances on which the Belief was granted the land in 2005 for building of an academic establishment.
Whereas passing the order on Monday, the court docket mentioned the encroachment of land and building of a mosque contained in the college premises can’t be justified.
Mohd Azam Khan is the president of the belief whereas his spouse Tanzeen Fatima is the secretary and son Abdullah Azam Khan is an lively member of the Belief.
Dismissing the petition filed by Maulana Mohammad Ali Jauhar Belief, Justice Rohit Ranjan Agarwal mentioned, “It’s a case the place a big a part of land has been bought in addition to sure a part of land belonging to tenure holders and gram sabha has been encroached upon by a former cupboard minister of the state for establishing an academic establishment pursuant to an Act which has come up within the 12 months 2005.”
The court docket additional added, “Within the current case, permission for switch of land in extra to 12.50 acres was granted solely for establishing an academic establishment.
“The institution of a ‘mosque’ was in opposition to the permission granted on November 7, 2005. Thus, the Belief violated the circumstances that clearly supplied that in case of violation of any of the circumstances, land extra of 12.50 acres will vest within the state authorities after affording alternative of listening to.”
The petitioner Belief had sought quashing of March 16, 2020 report submitted by sub-divisional Justice of the Peace with regard to constructions over the land in addition to for quashing the order of January 16, 2021 by the extra district Justice of the Peace (administration), Rampur, for vesting of the land within the state.
On argument of the petitioner’s counsel that the mosque was constructed for employees of the college, the court docket noticed, “The argument that the campus had residential premises for instructing in addition to non-teaching employees, a mosque was constructed for them can’t be accepted because it goes in opposition to the permission granted by the state.”
In 2005, the state authorities enacted the Mohammad Ali Jauhar College Act, 2005 paving manner for the development of the college.
Thereafter, the state authorities granted permission to Maulana Mohammad Ali Jauhar Belief to accumulate 400 acres of land in opposition to the ceiling of 12.5 acres (5.0586 hectares) for the institution of the college whereas imposing sure circumstances, one among which was that the land will likely be used just for instructional functions.
As per legislation, if such restriction/ situation is violated, the permission granted by the state authorities stands withdrawn.
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