New Delhi, April 1 The Supreme Court on Friday asked the Gujarat High Court to re-examine a plea by Tushar Gandhi, the great-grandson of Mahatma Gandhi, against the state government's decision on the redevelopment of the Sabarmati Ashram project in Ahmedabad.
A bench headed by Justice D.Y. Chandrachud said the matter can be sent back to the high court, which can decide it on merits. The bench, also comprising Justice Surya Kant, set aside the high court order passed on November 25 last year, which "summarily dismissed" the PIL filed by Gandhi.
Solicitor General Tushar Mehta, representing the Gujarat government, submitted that the area comprising Mahatma Gandhi's Ashram was only a few acres, but the real ashram land was much larger and pointed at the encroachments, which needed to be removed.
He said that the state government would file a comprehensive written response, detailing the matter, before the high court, which would dispel all the petitioner's "unverified apprehensions".
Mehta further added that the intention was to preserve the sanctity of Mahatma Gandhi' Ashram and a part of the buildings, which was in dilapidated condition, required reconstruction.
Senior advocate Indira Jaising, representing the petitioner, and Mehta, agreed that the high court can re-examine the matter and take a decision on it.
After hearing arguments, the bench said: "We set aside the impugned judgment of the high court."
The plea challenged a Gujarat High Court order, which declined to interfere with the proposed redevelopment of the Sabarmati Ashram by the Gujarat government.
The petitioner contended the redevelopment work should be in the domain of the trusts, including of the National Gandhi Smarak Nidhi, the Sabarmati Ashram Preservation and Memorial Trust, the Khadi Gramodyog Prayog Samiti, the Harijan Ashram Trust, the Sabarmati Ashram Goshala Trust, and the Harijan Sevak Sangh.
The plea further added that their response in the matter should be taken on record.
The Advocate General, representing the Gujarat government, had submitted before the high court that the 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 petitioner, in the high court, had claimed that the significance of the land was not limited to the one-acre ashram, rather covered the entire property on the banks of the Sabarmati, which was more than 100 acres.
The high court had said: "We are of the considered view that the apprehensions expressed by the petitioner in this petition would all stand allayed as could be seen from the very impugned Government resolution dated March 5, 2021 itself, and if there are any other individual grievances of the person who may be residing in the precincts they would always have their right to espouse the same in an appropriate forum and before the jurisdictional Court and for the said purpose, Public Interest Litigation cannot be ignited."
The Rs 1,200 crore-worth Gandhi Ashram Memorial and Precinct Development Project has been jointly undertaken by the state and Central government.
In the high court, the petitioner contended that the sum and substance of the grievance is that the redevelopment of Gandhi Ashram Memorial proposed by Gujarat by Government Resolution dated March 5, 2021 would transgress the existing working of Gandhi Ashram, known as Sabarmati Ashram, which is managed by Sabarmati Ashram Preservation and Memorial Trust formed in 1951.
The plea, in the high court, added that it would cause imbalance and thereby the aesthetic value as well as the Gandhian principles enunciated by the "Father of the Nation" would recede to background or in other words, the Gandhi Ashram existing on the banks of Sabarmati River would eclipse by virtue of the said order.
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