Delhi High Court Issues Notice On Jamia Alumni's Plea Against NOC For Sale Of Land To Private Party

The Delhi High Court has issued notice on a plea moved by an alumni of Jamia Millia Islamia against the decision to grant no-objection certificate for sale of a land, over which the varsity has peremptory rights, to a third party namely Zakia Zaheer.

Justice Subramonium Prasad sought response of the varsity, Union Government, University Grants Commission, Zaheer and three professors being the nominees of the President of India who is also the varsity’s Visitor.

The plea has been moved by Harisul Haq, who is a Physical Education Teacher at Jamia Middle School and the outgoing Secretary of Jamia School Teachers Association.

“The petitioner alleges that the Respondent University is attempting to provide a no-objection certificate to a person seeking to sell land that the Respondent University has the right of preemption over without following the due process of law and in an arbitrary and illegal manner to benefit certain third parties,” Haq has said in his plea.

The plea states that the varsity held a meeting on August 4 to consider issuance of NOC, however, the three visitor-nominees dissented, asserting that the action was illegal.

It is further Haq’s case that when the draft minutes were circulated, the visitor nominees had written to the varsity regarding various errors and illegalities. However, despite their dissent, the University “acted illegally” on the basis that the same was approved in the minutes of the meeting, “despite the minutes having not been signed.”

“Additionally, Jamia Millia Islamia Alumni, UAE offered to fund the purchase of the land and donate it back to the Respondent University. The Respondent No. 1 University has neither responded to the offer made by the Jamia Millia Islamia Alumni, UAE nor the visitor nominee's objections and communications,” the plea states.

It adds that Jamia is “clandestinely proceeding with the process of issuance of no- objection certificate” in a manner totally contrary to law without even dealing with objections raised by the visitor nominees or the offer made by the Jamia Millia Islamia Alumni, UAE.

The plea challenges the minutes of the meeting and also an investigation by Central Bureau of Investigation “into the surrender of varsity’s rights over the subject land.”

While issuing notice, Justice Prasad noted that the nominees of the visitor, who are neutral parties, had protested against grant of NOC to Zaheer on the ground that the same was against the interests of the University.

“A perusal of the Minutes of Meeting shows that the protest and dissent of the nominees of the Visitor has not been recorded,” the court said.

The matter will now be heard on November 23.

The plea has been moved through Advocate Mumtaz J. Shaikh. Haq was represented by Advocate Dr. Amit George.

Advocate Pritesh Sabarwal appeared for Jamia Millia Islamia. Advocates Shashank Garg and Nishta Jain appeared for Visitor’s nominees.

Case Title: HARISUL HAQ v. JAMIA MILLIA ISLAMIA & ORS

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