The Supreme Court on Friday asked the Gujarat High Court to decide afresh over the plea of Mahatma Gandhi's great-grandson Tushar Gandhi challenging Gujarat High Court's order refusing to interfere with the proposed redevelopment of the Sabarmati Ashram in Ahmedabad.
A bench of Justices DY Chandrachud and Surya Kant also set aside the order of the High Court and sent the matter back to the High Court for fresh consideration.
"The High Court has not called for a comprehensive affidavit from the state of Gujarat before disposing of the writ petition (filed by Gandhi). We are of the considered view that it would be appropriate for the High Court to decide upon the issues which are raised in the petition after furnishing to the state of Gujarat an opportunity of filing a comprehensive affidavit dealing with various facets of the matter," the bench in its order stated.
"The High Court having disposed of the matter summarily without calling for a report from the state of Gujarat, we are of the view prima facie that the matter be required to be restored to the High Court," it added.
Solicitor General Tushar Mehta, appearing for the Gujarat government, submitted that government has no objection on matter being sent to the High Court.
The bench also clarified that it has not entered into the merit of the issues which are sought to be raised by the petitioner or the correctness of any aspect.
Senior advocate Indira Jaising appeared for Gandhi. She contended that Ashram's redevelopment work must be carried out under trustees' supervision.
Gandhi challenged the High Court's November 25, 2021 order dismissing his petition in this regard.
Earlier, Jaising, while seeking an urgent listing of the case for the hearing, had said the Gujarat Tourism Corporation is undertaking a project for the redevelopment of Sabarmati Ashram.
The Gujarat High Court had dismissed Gandhi's petition against the state government's decision to redevelop Sabarmati Ashram. Thereafter, Gandhi approached the top court against the High Court order.
Gujarat government had told the High Court that Sabarmati Ashram covers an area of 1 acre which would remain untouched, and the idea was to develop 55 acres of land surrounding the Ashram.
The High Court in its order had noted that the State government assured that it will "not touch" three key attractions in the one-acre area housing the main ashram.
Gandhi, however, stated that the significance of the land was not limited to the one-acre Ashram itself but covered the entire property on the banks of the Sabarmati.
The petitioner expressed fears that the redevelopment would change the physical structure of Sabarmati Ashram and corrupt its simplicity and frugality which embodied the ideology of Mahatma Gandhi, thus making it diametrically opposite to Gandhian principles.
He feared that the project would be turned into a commercial tourist attraction that would subsequently be pawned off to a private contractor to be run merely for profit.
The Rs 1,200 crore Gandhi Ashram Memorial and Precinct Development Project has been jointly undertaken by the State and the Central government for developing the Ashram, where Mahatma Gandhi lived from 1917 to 1930.
The project would be developed over an area of 55 acres from the existing five acres by bringing together heritage buildings and restoring the surroundings.
( With inputs from ANI )
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