Madhya Pradesh HC grants interim stay on action against ancestral house of Al-Falah group chairperson

Indore: The Indore bench of the Madhya Pradesh High Court has temporarily stayed the Mhow Cantonment Board's notice to remove "unauthorised construction" at the ancestral house of Jawad Ahmed Siddiqui, the chancellor of Al-Falah University, which is at the focus of the Delhi blast probe.

The high court passed the interim order on Thursday and disposed of the petition filed by a resident of the house who challenged the Board's notice.

Siddiqui was arrested by the Enforcement Directorate on November 18 after the agency conducted searches against the group, linked persons and the Faridabad-based university.

The Board issued a notice on November 19, stating the "unauthorised construction" must be removed within three days, failing which it would remove it under the relevant legal provisions and recover the cost from the occupant or the legal heirs of the property owner.

Abdul Majid (59), who lives in the house, challenged the notice in the High Court.

Majid, who identified himself as a farmer, stated in his petition that Siddiqui gave him the property in 2021 under hiba- Islamic gift- after his father Hammad Ahmed's death, and that he owns it based on the hibanama.

Majid's lawyer, Ajay Bagadia, argued in the High Court that the Cantonment Board issued a notice without giving his client a hearing and issued a direct order to demolish the house. He argued that the petitioner should be given an opportunity to be heard.

Cantonment Board's lawyer Ashutosh Nimgaonkar contended that notices had been issued regarding this house previously, but no response was submitted, and therefore, the petitioner should not be given time to submit a response.

The high court passed the interim order on Thursday while allowing a plea filed by Majid.

"From a perusal of the impugned notice, it appears that though earlier notices were issued to the petitioner but they were in the year 1996/1997 i.e. almost 30 years ago, and thereafter, now the impugned notice has been issued", Justice Pranay Verma said after hearing the petitioner and the board.

"If any action was to be taken against the petitioner after a period of almost 30 years from the date of issuance of the previous notice, he ought to have been afforded an opportunity of hearing. Thus, in the available facts of the case, it is directed that the petitioner should file his reply along with all relevant documents before the respondents/competent authority within a period of 15 days from today", the HC said.

Thereafter, the petitioner shall be afforded due opportunity of hearing, and a reasoned and speaking order in the matter shall be passed.

"Till the said exercise is completed and for a period of ten days thereafter, in case the order is against the petitioner, no coercive action shall be taken against him. Without expressing any opinion on merits, the petition stands disposed of," the high court said.

According to officials, Siddiqui hails from Mhow. His father, Hammad Ahmed, who served as the town qazi (head cleric) for many years, died long ago.

They said the Cantonment Board's records list house number 1371 in Mukeri Mohalla, Mhow, in the name of the late Hammad Ahmed.