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Gujarat High Court Rejects PIL Filed By Mahatma Gandhi's Great Grandson Against Sabarmati Ashram Revamp Plan
Sparsh Upadhyay
9 Sep 2022 6:48 AM GMT
The Gujarat High Court on Thursday dismissed a Public Interest Litigation (PIL) plea by Tushar Gandhi, the great-grandson of Mahatma Gandhi, challenging the Gujarat government's decision to revamp/redevelop the Sabarmati Ashram in Ahmedabad at the estimated cost of ₹1,200-crore. The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri observed that the proposed project...
The Gujarat High Court on Thursday dismissed a Public Interest Litigation (PIL) plea by Tushar Gandhi, the great-grandson of Mahatma Gandhi, challenging the Gujarat government's decision to revamp/redevelop the Sabarmati Ashram in Ahmedabad at the estimated cost of ₹1,200-crore.
The bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri observed that the proposed project would promote the ideas and philosophy of Mahatma Gandhi and it would be beneficial for mankind at large and that the revamped Gandhi Aashram would be a place for learning for mankind of all age groups.
However, the Court did express its hope that the Gujarat Government's assurance given before it (that the existing Ashram would not be disturbed, altered or changed) would be adhered to by the respondents.
The background of the case
It may be noted that Gandhi had moved the instant PIL petition before the HC last year challenging the proposed redevelopment.
It was his case that the redevelopment plan is diametrically opposed to the personal wishes and bequeathal of Mahatma Gandhi and would reduce the shrine and memorial of India's freedom movement, and turn the same into a commercial tourist attraction.
He had expressed his fear that the project will change the physical structure of Sabarmati Ashram and corrupt its pristine simplicity that embodies the ideology of Gandhiji.
Further, he had also expressed his apprehension stating that with the nature of redevelopment and over-sized involvement of the government authorities in the conception and execution of the project, the ashram may lose the Gandhian ethos.
However, in November last year, the Gujarat High Court had disposed of this plea observing that all the fears and apprehensions of Gandhi stood allayed in the Order of the Government itself.
The High Court through the impugned order had also refused to quash the Government Resolution dated 05.03.2021 issued by the Industries and Mines Department, Gujarat forming Governing and Executive Council for the purpose of comprehensive development of the Gandhi Ashram Memorial.
Challenging that very order, Gandhi had moved to the Apex Court, and in April 2022, the Top Court had sent back to the Gujarat High Court, the petition by Gandhi observing that the HC should not have summarily dismissed the petition.
Essentially, a bench comprising Justices DY Chandrachud and Surya Kant had observed that it would have been appropriate for the High Court to decide on the issue raised instead of dismissing the petition summarily. Allowing Gandhi's appeal, the Court set aside the Gujarat High Court's judgment and restored the matter to the High Court for a decision on the merits.
Case Citation: 2022 LiveLaw (Guj) 375
