The Indore bench of the Madhya Pradesh High Court has halted the Mhow Cantonment Board’s move to remove what it termed “unauthorised construction” at the ancestral home of Jawad Ahmed Siddiqui, chancellor of Al-Falah University and currently under investigation in the Delhi blast probe. The court granted interim protection on Thursday and disposed of the petition filed by Abdul Majid, who lives in the house and had challenged the Board’s demolition notice.
Siddiqui was arrested by the Enforcement Directorate on November 18 following searches against the university and persons associated with it. A day later, on November 19, the Cantonment Board issued a notice directing removal of alleged unauthorised construction within three days. The notice warned that the Board would proceed with demolition under the relevant legal provisions and recover the costs from the occupant or legal heirs.
Majid, 59, who identified himself as a farmer, told the court that Siddiqui had transferred the property to him in 2021 through hiba — an Islamic gift — after the death of Siddiqui’s father, Hammad Ahmed. He said he was the legal owner based on the hibanama.
Majid’s counsel, Ajay Bagadia, argued that the notice violated principles of natural justice since it called for demolition without affording the petitioner an opportunity to be heard.
Appearing for the Cantonment Board, lawyer Ashutosh Nimgaonkar submitted that notices regarding the property had already been issued earlier and no response had been filed, and therefore the petitioner should not be given additional time.
Justice Pranay Verma noted that past notices dated back nearly three decades and fresh action after such a long gap required procedural fairness.
“From a perusal of the impugned notice, it appears that though earlier notices were issued to the petitioner but they were in the year 1996/1997 i.e. almost 30 years ago, and thereafter, now the impugned notice has been issued,” the court observed.
The bench held that the petitioner should have been granted a chance to be heard before demolition could be ordered.
“If any action was to be taken against the petitioner after a period of almost 30 years from the date of issuance of the previous notice, he ought to have been afforded an opportunity of hearing.”
The High Court directed Majid to file his reply with supporting documents before the competent authority within 15 days. The Cantonment Board has been asked to provide him an opportunity of hearing and then pass a reasoned, speaking order.
Until the process is completed — and for ten days thereafter, even if the decision goes against Majid — no coercive action shall be taken.
The petition was disposed of without the court expressing any view on the merits of the dispute.
Officials confirmed that Siddiqui is originally from Mhow and that his father, Hammad Ahmed, served for many years as the town qazi (head cleric). According to Cantonment Board records, house number 1371 in Mukeri Mohalla, Mhow, remains listed in the late Hammad Ahmed’s name.
