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Allahabad HC stays demolition of Jauhar University wall

Prayagraj: The Allahabad High Court has stayed the demolition of the boundary wall of the Mohammad Ali Jauhar University in Uttar Pradesh’s Rampur till March 31.

On a writ petition filed by Maulana Mohammad Ali Jauhar Trust of Rampur, Justice Salil Kumar Rai observed on Tuesday, “As the time for filing revision against the order dated February 20, 2020, passed by Assistant Collector, has not expired yet and the constructions existing on the disputed plots are of an educational institution, hence in the interest of justice, it is directed that the construction existing on the disputed plot shall not be demolished till March 31, 2020”.

During the court proceedings, an objection was raised on behalf of the state government stating that against the order of Assistant Collector of Rampur dated February 22, 2020, the petitioner can file a revision before the Sub Divisional Magistrate (SDM) concerned. Hence, a writ petition is not maintainable here before the high court.

After hearing the counsel for the parties concerned, the court directed the petitioner to file a revision petition before the SDM concerned within one week. Thereafter, the SDM will decide on it within a month.

Hence, till March 31, 2020, the demolition of the structures shall not be carried out.

The court was of the view that as the matter relates to an educational institution, therefore, some relief must be given till the filing of revision and subsequent decision on the petition filed before the SDM concerned.

Last week, the Rampur district administration had demolished a portion of the boundary wall of the Jauhar University, which was allegedly raised illegally on government land, to provide a passage to the farmers to their land on the university campus.

Rampur District Magistrate, Anjaneya Kumar Singh, who recently got an extension for one year in his deputation, said, “We were only complying with the order of the UP revenue board, which directed the administration to remove all encroachment from the road, a portion of which falls on the university campus. The boundary wall was raised on the land illegally occupied by the university. It was preventing farmers from approaching their land that falls on the university campus.”

Meanwhile, in a related development, a local court in Rampur has ordered attachment of the properties of Azam Khan, his wife Tanzeen Fatima and son Abdullah Azam after non-bailable warrants were issued against them as they had not appeared in the court.