The Supreme Court on Monday upheld the decision to cancel a land lease held by Maulana Mohammad Ali Jauhar University, managed by a trust headed by Samajwadi Party leader Azam Khan. The bench, led by Chief Justice D.Y. Chandrachud, and Justices J.B. Pardiwala and Manoj Misra, supported the previous verdict of the Allahabad High Court, which had dismissed the trust’s challenge against the Uttar Pradesh government’s cancellation of the lease for a 3.24-acre plot in Rampur district.
The state had argued that the land, initially allocated for a government research institute, was misused to run a school instead, violating the lease conditions. The court noted, “It appears he (Azam Khan) was actually the cabinet minister in charge of the Ministry of Urban Development and Minority Welfare when he got the land allotted to a family trust of which he is a lifetime member.”
Despite the dismissal, the court acknowledged the arguments presented by senior advocate Kapil Sibal, who represented the trust. Sibal contended that the lease cancellation was arbitrary as it was executed without providing proper notice or reasons, hindering the trust’s ability to respond appropriately. “If they had given me a notice and reasons, I could have responded to it. Because, ultimately, the matter went to the cabinet. The chief minister took the decision on land allotment. It’s not just that I took the decision,” Sibal explained.
In its March 18 decision, the Allahabad High Court had noted that the lease cancellation was justified on public interest grounds, highlighting that the land was intended for higher learning purposes but was instead utilized to operate a school. The state’s advocate general had argued that the lease was terminated appropriately, citing a Special Investigation Team report that indicated the trust had sufficient opportunity to respond before the lease cancellation.
The Supreme Court, while dismissing the trust’s plea, instructed the Uttar Pradesh government to ensure that no child previously enrolled at the school is denied admission to other suitable educational institutions.
