Madhya Pradesh High Court Orders Personal Hearing Before Demolition Of Al-Falah University Founder's Ancestral Property

The Madhya Pradesh High Court has granted an opportunity for personal hearing to the founder of the Al-Falah University before demolition action on portion of his ancestral property noting that the previous notice was issued 30 years ago.

Two doctors employed by Al Falah Medical College in Faridabad, Haryana, are allegedly linked to the November 10 bomb blast near the Red Fort in Delhi.

The Court was considering a Writ Petition filed by Abdul Majid challenging an order issued by the authorities, whereby he was directed to remove his illegal encroachment.

The Bench of Justice Pranay Verma held, "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. If any action was to be taken against the petitioner after a period of almost 30 years from the date of issuance of previous notice, he ought to have been afforded an opportunity of hearing."

The Petitioner was represented by Senior Advocate Ajay Bagadia, while the Respondent was represented by Advocate Ashutosh Nimgaonkar.

Counsel for the Petitioner had submitted that the impugned notice was issued without affording any opportunity of hearing to the Petitioner and straightaway the order of removal was passed without according him any hearing opportunity.

On the other hand, Counsel for the Respondents had submitted that notices were issued to the Petitioner earlier also but he has not filed any reply to the same, hence he is now not entitled for grant of any time to file a reply.

The Court reckoned that there is a long gap between the previous notice and the current one and therefore he deserved to be heard.

"...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. Thereafter, the petitioner shall be afforded due opportunity of hearing and thereafter 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", the Court ruled.

The Petition was accordingly disposed of.

Cause Title: Abdul Majid v. Union of India and Others (2025:MPHC-IND:33861)

Appearances:

Petitioner- Senior Advocate Ajay Bagadia and Advocate Rizwan Khan

Respondent- Advocate Ashutosh Nimgaonkar

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