The Allahabad High Court has declined to entertain a petition challenging the proposed demolition of buildings at Mohammad Ali Jauhar University, holding that the petition had not been filed by an authorised representative of the institution.
Justice Saurabh Shyam Shamshery accepted a preliminary objection raised by the Uttar Pradesh government regarding the maintainability of the writ petition. The petition had been filed by Mohammad Yusuf, described as a businessman acting as the university’s pairokar.
The State, represented by Additional Advocate General Anupam Trivedi, argued that a university must be represented in legal proceedings by its Registrar or another authorised official. He contended that a person unconnected with the institution could not initiate litigation on its behalf.
Accepting the objection, the court observed that the records supported the State’s contention and found merit in the maintainability challenge. It disposed of the writ petition, stating that doing so would allow the proceedings initiated against the university and the trust to reach their logical conclusion.
Interim Relief From Divisional Commissioner
While the High Court declined to entertain the petition, the Moradabad Divisional Commissioner’s court granted interim protection to the university on Monday by staying the proposed demolition of 38 buildings on its campus until the matter is finally heard.
Divisional Commissioner Anjaneya Kumar Singh said the interim stay was granted after an application was filed by the university’s counsel. He added that the scheduled hearing on Tuesday could not take place because of a condolence meeting following the death of an advocate in Moradabad.
According to Singh, the application was accepted and demolition of any structure has been stayed until further orders, with the interim protection remaining in force until the final hearing.
Background Of The Dispute
The dispute stems from an order issued by the Rampur Development Authority on July 15 directing the university, founded by Samajwadi Party leader Azam Khan, to demolish 38 out of its 40 buildings within 15 days.
The authority alleged that the structures had been constructed without approved building maps and issued the demolition order under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973.
The 15-day deadline is set to expire on July 30. The demolition order has also prompted students and others to stage a sit-in protest on the university campus.
