Petition Filed by Businessman Rejected on Maintainability Grounds; Moradabad Commissioner Grants Interim Stay on Demolition of 38 Campus Buildings

The Allahabad High Court has refused to entertain a petition challenging the proposed demolition of several buildings at Mohammad Ali Jauhar University, holding that the plea was not maintainable as it had been filed by a businessman rather than an authorised representative of the university. The court observed that an educational institution must be represented through its designated office-bearers and not by an outsider acting on its behalf.

The order comes amid an ongoing legal battle over the proposed demolition of 38 buildings on the university campus in Rampur, with the institution simultaneously receiving temporary relief from the Moradabad Divisional Commissioner's Court, which has stayed the demolition until further orders.

State Raises Objection Over Petitioner's Authority

The petition was filed by Mohammad Yusuf, who identified himself as a businessman and claimed to be acting as a pairokar (pleader) for Mohammad Ali Jauhar University.

During the hearing, Additional Advocate General (AAG) Anupam Trivedi, representing the Uttar Pradesh government, challenged the maintainability of the petition at the very outset.

The state argued that a university, being a statutory institution, must be represented before the court through its Registrar, an authorised administrative officer or any official empowered under its governing regulations. According to the government, a private individual who is neither an employee nor an authorised representative cannot invoke the court's jurisdiction on behalf of the university.

The preliminary objection became the central issue before the court, even before arguments on the demolition dispute could begin.

High Court Accepts State's Preliminary Objection

Justice Saurabh Shyam Shamshery, after examining the petition and hearing both sides, agreed with the objection raised by the state government.

The court observed that the records did not establish that the petitioner possessed the legal authority to represent the university in judicial proceedings.

Consequently, the High Court declined to entertain the writ petition, holding that the challenge could not proceed in its present form.

The court further observed that, in the interest of justice, proceedings initiated against the university and the trust managing it should continue through the appropriate legal process so that the matter could reach its logical conclusion.

Importantly, the High Court did not examine the merits of the demolition order itself, limiting its observations solely to the procedural question of maintainability.

Interim Relief Comes from Moradabad Divisional Commissioner

Although the High Court declined to hear the petition, the university secured significant interim relief from the Moradabad Divisional Commissioner's Court on the same day.

Divisional Commissioner Anjaneya Kumar Singh granted a stay on the proposed demolition after the university's legal counsel filed an application seeking temporary protection.

According to the Commissioner, demolition of any of the disputed structures will remain suspended until further orders, allowing the legal proceedings to continue without immediate enforcement action.

The scheduled hearing could not proceed as planned because a condolence meeting was organised following the death of an advocate in Moradabad, leading the authority to defer further proceedings.

Demolition Order Targets 38 of 40 Buildings

The dispute originates from an order issued by the Rampur Development Authority (RDA) on July 15, directing the university administration to demolish 38 of its 40 campus buildings within fifteen days.

The authority alleged that the buildings had been constructed without obtaining approved building plans, thereby violating provisions of the Uttar Pradesh Urban Planning and Development Act, 1973.

The demolition notice was issued under Section 27(1) of the Act, which empowers development authorities to remove unauthorised constructions after following prescribed legal procedures.

The deadline for compliance with the demolition notice is July 30.

University Alleges Procedural Irregularities

The university administration has opposed the demolition notice, arguing that the proposed action would severely affect academic activities and disrupt the education of thousands of students.

Legal representatives of the institution have maintained that they intend to pursue all available legal remedies to challenge the demolition proceedings.

Supporters of the university contend that the dispute should be resolved through due legal process rather than immediate demolition, particularly given the educational importance of the institution.

Students Continue Protest Against Demolition

Following the issuance of the demolition notice, students and supporters have been holding peaceful demonstrations on the university campus.

Protesters have appealed to the state government and regulatory authorities to reconsider the action, arguing that demolition of classrooms, administrative buildings and other facilities would create significant disruption for ongoing academic programmes.

The demonstrations have remained peaceful, with students expressing hope that the legal process will provide a long-term resolution.

Background of Mohammad Ali Jauhar University

Mohammad Ali Jauhar University, located in Rampur, Uttar Pradesh, was established under the leadership of Samajwadi Party leader Azam Khan and has been one of the state's prominent private educational institutions.

Over the years, the university has faced several legal and administrative disputes relating to land ownership, infrastructure approvals and regulatory compliance.

The current case specifically concerns alleged violations related to building approvals and construction permissions, rather than the university's academic recognition or educational operations.

Legal Experts Highlight Importance of Proper Representation

Legal experts note that the High Court's decision underscores a fundamental procedural principle in constitutional litigation.

Educational institutions, companies, trusts and statutory bodies are generally required to authorise a competent official to institute legal proceedings on their behalf. Courts typically insist on such procedural compliance before examining the substantive merits of any dispute.

The ruling therefore serves as a reminder that procedural defects can prevent courts from considering even significant legal challenges.

What Lies Ahead?

The university now has several legal options available.

It may:

• File a fresh writ petition through an authorised university official.

• Continue pursuing relief before the Moradabad Divisional Commissioner.

• Challenge any adverse administrative order before the appropriate judicial forum.

• Seek additional interim protection if necessary.

Meanwhile, the interim stay currently prevents authorities from proceeding with demolition until further hearings are completed.

Outlook

The legal battle over Mohammad Ali Jauhar University has now entered a crucial phase. While the Allahabad High Court has declined to hear the present petition because of procedural deficiencies, the substantive dispute over the legality of the campus buildings remains unresolved.

With demolition temporarily stayed and administrative proceedings continuing, the coming hearings will be closely watched by students, legal observers and educational institutions alike. The final outcome is expected to determine not only the future of the disputed campus structures but also the legal standards governing institutional representation and regulatory compliance in similar cases across Uttar Pradesh.