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The university has been given 15 days to remove the “unauthorised” structures. (File/ENS)
A demolition order was issued on Wednesday by the Rampur Development Authority (RDA) for 38 of 40 buildings at Mohammad Ali Jauhar University, claiming they were constructed without permission from the competent authority.
The university is run by the Mohammad Ali Jauhar Trust whose chairperson is jailed former Uttar Pradesh minister and senior Samajwadi Party leader Azam Khan. Reacting to the demolition order, the Samajwadi Party termed the move as “unjustified”, alleging the university was selectively targeted.
The university has been given 15 days to remove the “unauthorised” structures; the administration will proceed with the demolition if the institution fails to comply.
The order was passed by RDA vice-chairperson and Rampur District Magistrate Ajay Kumar Dwivedi under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973.
Dwivedi said the order was passed after a detailed hearing, examination of records and a review of legal provisions.
According to officials, proceedings were initiated on the basis of a report submitted by the regional junior engineer.
The officials said the RDA, during the scrutiny of records, found that only the university’s medical college building and one academic block had valid building approvals. The remaining 38 buildings, with a total built-up area of 82,309 square metres, were constructed without permission from the competent authority, it was stated.
The structures are located on land where their present use is not permitted under the applicable land-use regulations. The violations cannot be regularised under the law and demolition was the only legally permissible course of action, officials added.
The District Magistrate has directed the authorities to ensure the demolition proceedings do not adversely affect the students enrolled at the university, asking the regional higher education officer and the district inspector of schools to establish counselling camps on the campus to guide students and provide assistance needed to safeguard their academic interests, it is learnt.
Following a complaint, the RDA on June 28 and June 29 issued notices to the secretary of the Mohammad Ali Jauhar Trust and the university registrar, asking them to present their case. The respondents filed a joint written reply on July 8.
The university’s counsel and officials on Wednesday appeared before the authority to present their submissions.
According to the officials, a report submitted by the additional chief officer of the Zila Panchayat Rampur found that only two of the 40 buildings on the university campus had approved building plans. No records were available to show that building plan or construction permission was obtained for the remaining 38 buildings from any competent authority, it was stated.
Officials said it was noted in the order that under Section 59 of the Uttar Pradesh Urban Planning and Development Act, 1973, and other applicable legal provisions, buildings in areas which are later brought under the jurisdiction of a development authority can be regarded as lawful only if they had secured the required approval or construction permission from the competent authority at the time they were built. The order recorded that the respondents failed to produce any such approvals for the 38 buildings in question.
The university said in its submission that the land was outside the jurisdiction of the Rampur Development Authority when the buildings were constructed. The ADA rejected this argument, holding that building plan approval from the competent authority was mandatory under the Zila Panchayat Act and other relevant rules even at that time.
The order also referred to Supreme Court rulings on unauthorised constructions, observing that such violations “warrant strict enforcement of the law”.
Speaking to The Indian Express, SP national spokesperson Juhie Singh said the university is an important educational institution where a large number of students are pursuing studies at affordable fees. In many cases, students are also receiving fee reimbursement, she added.
Ordering the demolition of such a large educational institution reflects a targeted campaign against Azam Khan and the institution established by him, Singh alleged.
Referring to the government’s claim that the structures lacked approved building plans, Singh said, “If that is the basis for the action, the government should conduct a similar exercise for educational institutions run by their own MLAs and MPs. If it does not have the details, the Samajwadi Party can provide them. The authorities should identify violations wherever they exist, and not target individuals selectively.”
The proposed demolitions would directly affect the future of students studying at the university, she said. Asked whether the Trust would challenge the order, Singh said she believed it would seek legal remedies. “I am confident that the Trust will take appropriate legal recourse,” she maintained.
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