'Facts Are Gross': SC Denies Relief To Azam Khan's Trust, Upholds Yogi Govt's Order Cancelling Land Lease

CJI Chandrachud said that the facts of the case indicated a misuse of the office as the land lease was granted to the Trust when Azam Khan was a Minister

CJI Chandrachud asked Kapil Sibal if the 2015 decision to grant the lease was not taken when Azam Khan was a Minister

Source : PTI (modified on canva)

The Supreme Court on Monday refused to interfere with the Uttar Pradesh Government's decision to cancel the lease of the government land to Samajwadi Party leader Azam Khan's Trust at Rampur. The Chief Minister Aditayanath-led government had cancelled the lease deed of government land to Maulana Mohamad Ali Jauhar Trust at Rampur, where a school was functioning. 

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra dismissed a petition filed by Azam Khan's Trust, against the cancellation of the lease deed dated February 4, 2015.

Senior Advocate Kapil Sibal, appearing for the Trust, submitted  in the court that the decision was taken without giving any reasons. 

CJI Chandrachud at this point asked Sibal if the 2015 decision to grant the lease was not taken when Azam Khan was a Minister. The CJI further told Sibal that the facts of the case were "gross" and there appeared to be a misuse of office in granting the lease to the Trust.

"While reading the judgment, it appears that your client was actually the cabinet minister in charge of the Ministry of Urban Development and he was the Minister for Minority Welfare. He got the land allotted to a family trust of which he is a lifetime member...and the lease initially was in favour of a government institute that is tagged to a private trust. How can a lease which was for a government institute be given to a private trust?", CJI Chandrachud asked Kapil Sibal.

When the CJI said that the court is not inclined to interfere with the high court order as the facts were gross and indicated misuse of office by Azam Khan, Sibal replied: "I agree. What about the 300 students who don't have a school to go to? At least tell the government to adjust them."

Sibal further contended that the Trust was not given proper notice.

However, CJI Chandrachud said that the facts of the case clearly highlights a misuse of the office and when the facts are so stark, a denial of proper notice may not be a substantial infraction.

The top court today while dismissing the plea requested the state government to ensure that the students of the school, which was functioning in the land leased to the Trust, get admission to alternate schools.

In March, the Allahabad High Court dismissed the Trust's plea against the Government's decision taken on March 31, 2023 to cancel the deed.

The Supreme Court today said that there was no infirmity in the High Court's judgment.

"Responding to the plea of the senior counsel that there are about 300 students studying in the school who have not been admitted to any alternate school, we would request the Secretary in the Department of School Education or as the case may be the competent authority of the State of Uttar Pradesh, to look into the above grievance and to ensure that no child is denied admission to a suitable educational institution," the top court ordered.