NEW DELHI: The Supreme Court on Monday rejected a plea by senior Samajwadi Party Mohd Azam Khan against the Uttar Pradesh government's 2023 decision to cancel the lease of land allotted his family run trust in Rampur, saying this is a clear case of abuse of power as he as Urban Development Minister and Minority Affairs Minister got the land allotted.
SC Upholds UP Govt’s Decision to Cancel Lease of Land Allotted to Azam Khan’s Family Trust
A three-judge bench led by Chief Justice of India D Y Chandrachud declined to interfere with the Allahabad High Court's order of March 18, 2024, which dismissed a challenge by Executive Committee Maulana Mohamad Ali Jauhar Trust to cancellation of land lease.
"We won't interfere in the matter as facts are gross," the bench, also comprising Justices J B Pardiwala and Manoj Misra, told senior advocate Kapil Sibal for the trust.
"You as the Urban Development Minister as well as the Minority Affairs Minister got the land allotted to a trust run by the family. It is a clear case of misuse of office, if this is not so what else would be," the bench added.
Sibal said all these facts can't be disputed.
He, however, claimed the decision for allotment of lease of the land was then taken by the Cabinet not individually.
The counsel contended no show cause notice was issued before cancellation of the lease.
The bench, however, dismissed the plea, saying, "We don't find any infirmity with the High Court's order.
Sibal insisted the action was malafide and the trust charging just Rs 20 as fees for 5% of the children. This is not for profit organisation and the matter was also related to the future of hundreds of the students.
On this, the court directed the Secretary, School Education or the competent authority to ensure no child is deprived of the education.
SC Terms Land Allotment to Family Trust a Clear Case of Nepotism and Misuse of Ministerial Power
The Uttar Pradesh government before the Allahabad High Court argued that this was a case of "nepotism" where the cabinet minister was himself the chairman of a private trust running the institution and all approvals were granted by him by bypassing procedures prescribed in law.
It also claimed the land which was acquired for the purpose of higher learning (research institute) was being used to run the Rampur Public School.
Azam Khan and his family faced over 80 FIRs including those of land grabbing after the change of regime in Uttar Pradesh in 2017.
The Trust challenged the Office Memorandum as well as a notices of February 15, 2023 and March 6, 2023 issued by the District Minority Welfare Officer, District Rampur whereby the Manager of the Trust had been directed to vacate the premises of the Research Institute.
The previous Samajwadi Party government had transferred 1.314 hectares of land of District Jail, Rampur to the Department of Minority Welfare and Waqf, State of UP for establishment of the Training and Research Institute.
In 2014, the State Government took a decision to lease out the Research Institute in favour of the petitioner trust and a lease deed dated 04.02.2015 was executed between the Governor of the State and the petitioner trust.
In 2017, Member of UP Legislative Assembly and Minister of State Baldev Singh Aulakh made certain complaints before the State Government regarding the functioning of the petitioner trust.
A Special Investigation Team (SIT) was constituted.
Subsequently, on the report by the SIT, the Uttar Pradesh government on January 28, 2023 took the decision to terminate the lease deed.
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