There is never a precedence in the history of Independent India, that a university, a temple of education, is to face such an existential moment! A university, perhaps as on one of the most beautiful expanse, spread over 200 acres of lands, dotted by the most exceptionally exuberant buildings aka Muhammed Ali Jauhar University, in Rampur, UP, is battling a demolition order by Vice Chairman of Rampur development Authority (RDA) from July 15 onwards. 38 of the 40 buildings face a demolition order.
University’s Chancellor is Muhammed Azam Khan, the most popular leader of Muslims, from a state where Muslims make their largest presence in the nation, around 50/250 million, has been facing the worst incarceration, since 2017, has been in jail, with some brief release, his son, two times MLA is in jail too, his wife a former Rajya Sabha member was in jail as well. He himself is a 10 times MLA, a former Rajya Sabha and Lok Sabha member from Rampur. The litigations heaped on him and his family is an ignominious separate story but right now, his ultimate dream project, is under fire.
He is the Chairman of Maulana Muhammed Ali Jauhar Trust which runs the university. He is the founding member of Samajwadi Party, the third largest party in parliament right now. Akhilesh Yadav, the party President has supported the cause of university, his party delegation, consisting many MLAs and MP’s have submitted a memorandum to District Magistrate of Rampur to cancel the order.
Legal and Validity Concerns
It is very high time to analyze the legality and validity of this 17-page order, which reads that village Singankhera, where the buildings are situated , was brought under UP Urban Planning and Development Act 1973, on 27/9/24, and prior to it, this land was not subject to the Act. In the light of this order, village Singankhera, was not governed by the aforesaid 1973 Act, yet buildings on it have all been raised, and that whatever law was applicable under that the permission/approval had to be obtained.
It is a very well known fact that for village areas, no map is to be sanctioned and no approval for raising a building has to be obtained. In this context, the order states that for the two buildings out of 40 , map was sanctioned, and for the rest 38 no sanction was obtained. A little scan through the order tells it apparently, that map was got approved by the authority of Zila Panchayat and for the 38 there is no approval.
The gist of the order says that the builder knew that sanction was to be obtained but he deliberately ignored it! Even if assuming this for a while, that sanction should have been obtained, it is pertinent to ponder, whether order for demolition, and that too, made in such a great hurry can be held to be genuine under our present legal system? It deserves to be put into rightful perspective if there any limitation for the buildings, even if unlawfully made, to be ordered to be demolished?
Procedural Flaws and Constitutional Protections
The Article 137 of Limitation Act 1963, prescribes it very clearly, that three years limitation period for any application to a court starting from the time when the right to apply accrues. Even if for a moment it is assumed that permission was required, and bar of limitation lapsed, while no proceedings were initiated and the authority ( Zila Panchayat) whose permission was required, kept mum, yet now when this area has been brought under 1973 Act, as on 27/9/24, can the present authority order such a thing? This is the biggest question?
The hastiness of the order also needs to be screened, as despite the fact of the standard practice, as per 1973 Act, it provides for ‘reasonable opportunity’ for action, but in this case, RDA issued the notice on July 8, and on July 15, the order was passed. No notice to the person who raised the construction, being the Chairman/President of the Trust was given. Even the present Chairman/President was served with no notice! Is this the way, under our established law system, taken to demolish such valuable constructions?
What merits a mention is that Article 31 of our Fundamental Rights, enshrined in our Constitution, guarantees ‘right to property’ though has ceased after 44th amendment, yet Article 300 (A) is the same in its effectiveness, which says, ‘ persons not to be deprived of property save by authority of law.’ Moreover, as per different Constitution benches of Supreme Court it has been said that opportunity for hearing even for small matters, has to be given, opportunity means at least 6 months. However, reasonable opportunity is a variable term, but here the opportunity given was just for eight days! Does this gel well for our democratic society?
A Crucial Reprieve
What good was come to the government by demolition? As in the last two decades, since university came into existence, the nature of the land has been totally changed, cultivation is not possible, and insistence of demolition, was to give no benefit to the authorities. The next appellate authority was Zonal Commissioner, who ‘quite surprisingly’ has stayed the demolition order !
He rightly has done it or else Allahabad High Court was to have set it aside , as the erratic order , passed at a breakneck speed , was intrinsically flawed with multiple legal lacunas. It destined to be a failure . For all its surety and purposes.
Jauhar University at the historical juncture has got the most deserving reprieve or else thousands of students were to have courted a disastrous future.
This is the second immediate victory of students after Jantar Mantar fiasco which resulted on the resignation of Union Education Minister Dharmendra Pradhan. Students are charged. Nation is charged. Parliament session is in progress, UP is set for polls in early 2027.
How this Jauhar University survival saga will turn the political fortunes, is for the time to see , but there is no doubt that generations of students to come have been saved from being consigned to the fate of darkness.
Note: The writer is a former UP State Information Commissioner and an advocate.
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