SC urges Allahabad HC for urgent hearing on Jauhar University land takeover

SC urges Allahabad HC for urgent hearing on Jauhar University land takeover

In a recent development, the Supreme Court of India has intervened in a legal battle involving the Maulana Mohamad Ali Jauhar Trust, led by former Minister Azam Khan, and the Uttar Pradesh government. The dispute centers around the government's move to acquire land belonging to Jauhar University in Rampur.

Chief Justice of India, D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, has instructed the Allahabad High Court to promptly address a writ petition submitted by the trust. The petition challenges the government's acquisition of the university's land.

The Chief Justice emphasized the need for the high court to evaluate the petition's interim application without unnecessary delay, urging a thorough examination of its merits. The decision comes amid concerns about the prolonged status of the case, with the bench releasing it from partial hearing status due to the necessity for further proceedings.

The legal proceedings faced complications, including the transfer of one of the original Division Bench judges to the High Court at Calcutta. Consequently, the case will be scheduled before a new bench, appointed by the Chief Justice.

Senior advocate Kapil Sibal, representing the trust, argued for the urgency of the matter, citing that the petition was filed back in January. Sibal expressed dissatisfaction with the absence of an interim order and pointed out that the university accommodates several hundred girls.

In response, the bench recommended that Sibal approach the acting Chief Justice of the high court for further consideration. Despite Sibal's assertion that they had pursued this course of action on multiple occasions, the bench reiterated the need for the petitioner to seek judicial remedies and included the writ petition in the list of urgent admissions.

The petition, submitted by the Executive Committee of the trust, challenges the high court's decision dated July 14, 2023, which denied relief to the trust. With the Supreme Court's order reinstating the petition as an urgent admission, the trust is now granted the freedom to approach the bench chaired by the Acting Chief Justice of the High Court of Judicature at Allahabad for prompt assessment of interim relief based on its merits.

Case: Executive Committee Maulana Mohamad Ali Jauhar Trust Vs State of Uttar Pradesh

SPECIAL LEAVE PETITION (CIVIL) Diary No(s).45480/2023.

Click here to read/download judgment.

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