Gujarat High Court
Tushar Arun Gandhi vs State Of Gujarat on 8 September, 2022
Bench: Ashutosh J. Shastri
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
R
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 137 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
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1 Whether Reporters of Local Papers may be allowed to Yes
see the judgment ?
2 To be referred to the Reporter or not ? To be referred
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or
any order made thereunder ?
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TUSHAR ARUN GANDHI
Versus
STATE OF GUJARAT
==================================================
Appearance:
MR MIHIR JOSHI, SENIOR ADVOCATE WITH MR BHUSHAN B OZA(1072) for the
Applicant(s) No. 1
MR AAYOG Y DOSHI(8519) for the Opponent(s) No. 2
MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS MANISHA LAVKUMAR,
GOVERNMENT PLEADER WITH MR KM ANTANI, AGP for the Opponent(s) No. 1
MR VIJAY PATEL with MR DARSHAN DAVE FOR HL PATEL ADVOCATES(2034) for
the Opponent(s) No. 5,7
MR BHARAT SHAH(3345) for the Opponent(s) No. 4
MR SATYAM Y CHHAYA(3242) for the Opponent(s) No. 8,9
MR DHAVAL C DAVE, SENIOR ADVOCATE WITH MS LIPEE D DAVE(12327) for the
Opponent(s) No. 6
MS TANAYA G SHAH(8430) for the Opponent(s) No. 3
==================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Page 1 of 116
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C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Date : 08/09/2022
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. Petitioner, who is the great grandson of the father of
the Nation late Shri Mahatma Gandhi, a writer and social
worker, has preferred this writ petition, inter alia, contending
that he is espousing the cause of public at large. By contending
that proposed project for the redevelopment of Gandhi Ashram
Memorial is opposed to the wishes and bequest of late Shri
Mahatma Gandhi and it would reduce the shrine and memorial
of the freedom movement into a commercial tourist attraction.
Hence, petitioner has sought for a writ of mandamus that
redevelopment should be spearheaded by the Trusts which
presently run the Ashram. Petitioner has further contended that
he has no personal interest and he has a spiritual connect with
the Ashram since his grandparents and his father's sister stayed
with late Smt. Kasturba Gandhi and late Shri Mahatma Gandhi
known as Bapu at the Ashram and as such he contends that he
needs to protect and preserve that spiritual connection to his
ancestors. On these amongst other grounds, he has sought for
the following reliefs:
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"12(A) That this Hon'ble Court be pleased to issue a
writ of mandamus or a writ, order or direction in
the nature of mandamus or any other appropriate
writ, order or direction thereby directing that any
redevelopment work that is sought to be done at
the said Ashram should be spearheaded by the
Trusts which presently run the Ashram and under
the aegis of Respondent No.2 Trust, while the
Central and State Government may fund the said
project the scope of the said redevelopment and
execution of the same should remain within the
domain of Respondent No.2 to 7;
(AA) That this Hon'ble Court be pleased to issue a
writ of mandamus or a writ, order or direction
in the nature of mandamus directing that any
development work at the Sabarmati Ashram be
done in accordance with Gandhiji's original
instructions to the Harijan Sevak Sangh
regarding the utilization and purpose of the
Sabarmati Ashram;
(AB) That this Hon'ble Court be pleased to form a
Committee consisting a plurality of eminent
Gandhians, historians, artists and architects to
ensure that any proposed redevelopment and
its aesthetics according to the Gandhian
ideology;
(B) That this Hon'ble Court be pleased to issue a
writ of mandamus and/or any other order or
direction in the nature of certiorari and quash
and set aside the Government Resolution dated
05.03.2021 issued by Industries and Mines
Department, State of Gujarat forming
Governing Council and Executive Council for
the purpose of comprehensive development of
the Gandhi Ashram Memorial and precinct;"
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2. This petition came to be initially disposed of by order
dated 25.11.2021 by observing thus:
"[8] In this background, we have perused the
impugned order dated 05.03.2021 which would
indicate that to preserve the ethos and teachings
of Mahatma Gandhi and the part taken in the
freedom struggle and to promote and educate the
great philosophy, values and teachings of
Mahatma Gandhi, the Government of the Gujarat
has envisaged and has come up with the project
of comprehensive development of Gandhi Ashram
Memorial and in this direction, Government
Resolution dated 05.03.2021 was made under
which a Governing Council and an Executive
Council have been constituted which comprises of
several representatives including the
representative of Sabarmati Ashram Preservation
Memorial Trust, that is the third respondent
herein. Hence, any apprehension of the said
Ashram about existing ashram being altered can
be espoused in the Governing Council by the
representative of 3rd respondent. In other words
apprehension expressed by the learned counsel
appearing for the petitioner that the decisions
would be taken by the Governing Council or
Executive Council unilaterally to the detriment to
the Ashram stands allayed. In fact, we notice that
the role and responsibilities of the Governing
Council has also been fixed under the
Government resolution dated 05.03.2021. The
authorities required to implement the project
have also been specified under the said
Government resolution which would clearly
indicate that neither the Ashram nor the existing
Sabarmati Ashram nor its value and importance is
being denuded or reduced. But, on the other
hand, by virtue of the said developmental work
which is being taken, the existing Ashram would
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receive attention at all levels and it would not
only be a source of inspiration to one and all
across the Globe, but it would also be an
international tourist destination, which, in the
process, would earn name and fame at the
national as well as international level.
[9] As such, 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 05.03.2021 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."
3. Being aggrieved by the same, petitioner filed Civil
Appeal No.2660 of 2022 before the Hon'ble Apex Court which
came to be allowed by restoring the petition for being disposed
of by observing that a fresh view be taken after allowing the
pleadings to be completed and hearing of the parties. The
Hon'ble Apex Court took note of the fact that the respondent
State of Gujarat which was on caveat, had consented for petition
being restored back as the matter had been disposed of without
calling for an affidavit-in-reply on the State of Gujarat and then
may be decided upon the issues which are raised in the petition
after affording opportunity to the State to file a comprehensive
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affidavit dealing with various facets of the matter. The Hon'ble
Apex Court has also made it clear that it has not entered into
merits of the issues urged in the writ petition. In the aforesaid
background, notice came to be issued to the respondents vide
order dated 14.6.2022 and reply affidavits have been filed by
respondent Nos.1 to 5 which has been taken on record.
PLEADINGS OF THE RESPECTIVE PARTIES:
A. AVERMENTS MADE IN WRIT PETITION
4. Petitioner is the great grandson of the father of the
Nation Shri Mahatma Gandhi and is said to have established
Mahatma Gandhi Foundation, a Charitable Trust to serve the
writings, photos and multimedia material of Shri Mahatma
Gandhi and Smt. Kasturba Gandhi by digitising them. It is the
contention of petitioner that said foundation also works with
other organisations towards rural welfare and is involved in
advocating and spreading Gandhian values. Petitioner is said to
have served on the Advisory Council of the Dharma Bharati
Mission, an organisation working for the upliftment and
education of the underprivileged children living in the Mumbai's
slums. Petitioner was appointed as President of Lok Seva Trust,
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an organization established in 1950 by Dr. Kantilal Gandhi to
work for the welfare of textile mill workers living in the textile
mills district of Central Bombay. Petitioner is said to have filed
Public Interest Litigation before the Hon'ble Supreme Court of
India in his personal capacity to immerse Gandhiji's ashes in the
Holy Triveni Sangam at Prayag, Allahabad which were lying
forgotten in the strong room of State Bank of India's Cuttack
Branch.
5. Petitioner is said to be an espousing public interest and
through the present petition, the government resolution dated
05.03.2021 passed by respondent No.1 is being questioned and
has sought for quashing of the same, whereunder the
Committees of Governing Council and Executive Council have
been constituted taking into account that Sabarmati Ashram is
involved in number of activities that serve both to preserve in
the history of Gandhiji and the freedom struggle and also
educating people in the great philosophy, values and teaching of
Gandhiji and with a vision for the comprehensive development
of Gandhi Ashram Memorial and precincts, the Government of
Gujarat - respondent No.1 has issued the said resolution.
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6. It is contended that respondent No.2 Trust was formed
to perpetuate the memory of Gandhiji, one of the objects of the
said trust is to protect and preserve the various places
associated with Gandhiji's work; respondent No.3 is the trust
formed in 1951 was given a separate identity and registered as
a public trust under the Bombay Public Trust Act, assigned to
protect and preserve the intellectual and physical legacy of
Gandhiji, with an intent to preserve the rich legacy of the site;
respondent Nos.4 to 7 collectively along with respondent No.3
manage and preserve the said Ashram and its precincts; Ashram
was bequeathed to respondent No.7 by Mahatma Gandhi in
1933 and since then, it has been the custodian of the property of
the entire Sabarmati Ashram precincts; respondent No.8 is
Sabarmati Riverfront Development Corporation Limited, a
wholly owned company of respondent No.9 Ahmedabad
Municipal Corporation and they are entrusted with executing
the proposed redevelopment of Gandhi Ashram precinct.
7. It is further contended that on his return from South
Africa, the father of the Nation established the first Ashram in
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Kochrab area of Ahmedabad on 25.05.1915 with about 25 men
and women as inmates of the said Ashram and thereafter he
shifted to open land on the banks of river Sabarmati on
17.6.1917 in the vicinity of Sabarmati Central Prison which was
scouted for Gandhiji by Punjabhai Hirachand and the sale was
executed within mere eight days. There were no structures on
the said parcel of land nor were there any trees and the inmates
of Kochrab Ashram moved across the river to live at the
proposed new Ashram due to societal pressure due to the fact a
Harijan family had been invited to live in the Ashram by
Gandhiji and also due to outbreak of the plague in Ahmedabad
city. It is stated that Sabarmati Ashram (also known as Harijan
Ashram) was home to Gandhiji from 1917 until 1930 and served
as one of the main centres of the Indian freedom movement and
Gandhiji left for Champaran to lead the Satyagraha from there
and also led the Kheda and Viramgam Satyagraha and then the
first Non-Cooperation Movement from the said place. It is
stated that the he left for the historic Dandi March on
12.03.1930. The Ashram is said to have become laboratory and
training centre for Satyagraha Swadesh and Khadi and home of
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the ideology that eventually set India free. As an institution it
served the dual purpose of carrying on a search for truth and a
platform to bring together a group of workers committed to non-
violence who would help secure freedom for India and bring
about vital social reforms in the society.
8. It is stated that Mahatma Gandhi and his nephew
Maganlal Khushalchand Gandhi formed a trust, i.e. Satyagrapha
Ashram Trust by a trust deed dated 02.02.1926 and the same
was presented for registration by Gandhiji himself at the office
of Sub Registrar, Ahmedabad on 12.02.1926, which was duly
registered under Serial No.722 in Book No.1 wherein Shri G.V.
Mavalankar and Shri Vinoba Bhave signed as witnesses. It is
contended that the said deed reflects that the land and buildings
shown in the accompanying schedule of the value of about
Rs.2,75,000/- purchased in their names and used and managed
under the direction of the heads of the institution in their
capacity as trustees of institution and their heirs and successors
did not have any personal interest or share in them.
9. It is stated that while at the Ashram, Gandhiji formed a
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a school that focused on manual labour, agriculture and literacy
to advance his efforts for self-sufficiency and to impart Swadeshi
education amongst various initiatives of Gandhiji, while he was
at the said Ashram. It is stated that Gandhiji had faced social
and financial boycott because he had admitted children of
Harijans and had insisted that they would sit and study in
classroom along with the children of the upper castes and by
defying the boycott and he continued operating the school in
line with his principles. It is stated that Sabarmati Ashram
became the centre for the revival of Khadi and the development
of the Charkha. The petitioner proceeds to narrate various
movements which took birth at Sabarmati Ashram to highlight
the importance of the Ashram and its activities. It is further
stated that while disbanding the Ashram, Gandhiji expressed
that those residing in the extended Ashram property be allowed
to continue living there as long as they performed the tasks in
consonance with the Ashram's objectives. Descendants of these
settlers and several Harijan families continue to live in these
tenements and by virtue of the redevelopment project, they
would be displaced. It is further contended that in the light of
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the said bequeathal in favour of the Harijan Sevak Sangh made
by Gandhiji with the concurrence of the trustees of the
Satyagrapha Ashram Trust, the said Ashram and the precinct
should ideally be handed over to the Harijan Sevak Sangh and
the same should be used as per the wishes of Gandhiji as per
communication dated 30.9.1933 addressed by Gandhji to
Ghanshyamdas Birla.
10. It is contended that after Gandhiji disbanded the
Ashram in August 1933 and eventually moved to Wardha and
then settled at Shegaon where he established the Sevagram
Ashram, the said Ashram was and remains in the custody of the
Harijan Sevak Sangh, which has been the principal custodian of
the Ashram and all its properties. It is further contended that
Narandas Gandhi became the Manager of the Ashram and
remained so till his death.
11. In 1948, Gandhiji Smarak Nidhi was formed which
became the umbrella organisation managing several Gandhian
monuments. It is further contended that respondent No.2 Trust
was formed by the closest colleagues of Mahatma Gandhi and
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the said deed of declaration clearly lays out of its objects and
some of the major objects of the trust were to conduct and
promote manifold constructive activities with which Mahatma
Gandhi was associated during his lifetime.
12. It is contended that Ashram serves as a source of
inspiration and guidance, and stands as a monument to
Gandhiji's life mission and a testimony to others who have
fought a similar struggle; and it is stated that Ashram has a
museum, the Gandhi Smarak Sangrahalaya and this had
originally been located in Hridaya Kunj, Gandhiji's and Kasturba
and their grand children's humble abode in the Ashram. It is
stated that in 1963, the museum designed by the architect
Charles Correa was built. It is stated that since the
establishment of the Gandhi Smarak Nidhi, whenever additions
have been made for preservation, maintenance and/or adding
facilities in the Ashram precincts, have been carried out with
the Union of India and/or State Government as funders of the
said activity through various grants being disseminated to the
respective trusts, but the execution of the project and the
decision qua the nature of the preservation and/or maintenance
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project have always been directly within the purview of the
respective trusts that are presently managing the Ashram
premises.
13. It is contended that for the first time any redevelopment
qua a Gandhi monument is sought to be undertaken by the
Government and the same is contrary to the conscious decision
taken by the erstwhile Governments in the State and the Centre,
to keep all monuments associated with the father of the Nation
strictly apolitical and completely free of Government control or
interference and it was a conscious effort on the part of the
Government to provide funds for any proposed redevelopment
of the said monuments, but the final decision qua the nature of
the development work to be carried out at the said monuments
was always under the aegis of respondent No.2 trust and/or its
State or District units.
14. Contending that government resolution dated 5.3.2021
would be issued by the Chief Minister and 9 out of 14 members
of the said Governing Council are government functionaries and
the Governing Council would be to guide the development of the
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said project by ensuring smooth coordination between Central
Government, State Government, Urban Local Body and formal
and informal stakeholders of the said project. It is contended
that the entire project from conception to execution is to be
handled exclusively and excluding the associated trusts and the
Gandhian community at large, this constitutes an insidious
attempt to take over the memorial by the Government. The
petitioner is apprehensive that, with the nature of
redevelopment and over-sized involvement of the Government
authorities in the conception and execution of the said project,
the Ashram may lose the Gandhian ethos that have been
painstakingly preserved by the trust so far. It is further
contended that redevelopment which is sought to be done at the
said Ashram should only be spearheaded by the trusts which
presently run the Ashram and under the aegis of respondent
No.2 trust, while the Central and State Government may fund
the said project and the scope of the said redevelopment and
execution of the same should remain within the domain of
respondent Nos.2 to 7, as predominantly Gandhian
organizations are well-versed with the Gandhian ethos. It is
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contended that the present project is being taken forward in
spite of the objections by more than 100 prominent citizens
including noted Gandhian historians, former civil servants,
industrialists and public figures who are signatories to an open
letter (Annexure-F).
15. Subsequent to the order of remand passed by the
Hon'ble Apex Court, the petition came to be amended on
13.07.2022 and further contentions have been raised
whereunder the petitioner contends that the letter dated
30.09.1933 must be treated as the last Will and testament of
Gandhiji qua the Sabarmati Ashram and its adjoining land the
terms of the said bequeathal as set out in the communication
dated 30.09.1933 should be given effect to. The petitioner
further contends that over the years there has been devolution
of certain portions of the Ashram land to organisations which
work in consonance with the Gandhian ethos and according to
the bequest by Gandhiji, the said devolution were done by the
National Harijan Sevak Sangh. It is also contended that any
decision regarding the Ashram property must be sanctioned and
carried out only by parent respondent No.7 trust as they remain
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the sole custodians of the property.
16. Contending that redevelopment of the Ashram would
amount to violation of Article 300A right of respondent No.7 as
it is rightful custodian of the property. It is further pleaded that
despite consent given by the trustees of respondent No.7 the
trustees of respondent No.7 have no authority to act against the
interest and objects of the trust as stipulated in the letter of
bequest dated 30.09.1933.
17. Contending that the attempt of respondent No.1 State
and its authorities to acquire the tenements of long term
residents of the Sabarmati Ashram precinct without express
permission of respondent No.7 trust or without compliance of
the provisions of Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013
is bad in law. The redevelopment scheme is sought to be
attacked. On these grounds, the petitioner has sought for grant
of relief.
18. On issuance of notice, respondents have appeared and
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filed their statement of objections.
B. AVERMENTS MADE IN REPLY AFFIDAVIT FILED ON
BEHALF OF 1ST RESPONDENT :
19. Respondent No.1 in its reply has contended that the
averment made in the petition is solely based on conjectures
and surmises having no force and based on a complete
misunderstanding and misapprehension of the objects sought to
be achieved by the proposed project and that the project seeks
to sustain, cultivate and promote the legacy of Mahatma Gandhi
for the present as well as for the future generations. It is
contended that it is the petitioner's primary contention that any
redevelopment work of the Gandhi Ashram should be
spearheaded by respondent Nos.3 to 7 trusts running the
Ashram under the aegis of respondent No.2 and respondent
No.2 has no superintendence over the Gandhi Ashram or over
any other trusts associated with the Gandhi Ashram.
20. It is contended that Mahatma Gandhi Ashram was
established on 25.5.1915 in Kochrab area, Ahmedabad and
shifted on 17.6.1917 on the banks of Sabarmati river and on
2.2.1926, Gandhiji along with his nephew, Maganlal Gandhi,
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formed Satyagraha Ashram Trust vide a trust deed dated
2.2.1926 and as per the said trust deed, the trust properties are
held in the names of Gandhiji and Shri Maganlal Gandhi in their
capacity as trustees. Further, for the management of the
property of the trust, five other trustees were also appointed. It
is stated that Gandhiji expressed his desire to surrender the
Satyagraha Ashram to the All India Harijan Sevak Sangh for the
service and benefits of Harijans in perpetuity and the said
desire expressed in the communication dated 30.9.1933 to
Ghanshyamdas Birla was not implemented and subsequently by
resolution dated 5.9.1939, lands of the Sabarmati Satyagraha
Ashram came to be transferred to Harijan Ashram Trust, in
which Shri Ghanshyamdas Birla was a trustee and in
furtherance thereof, the Revenue Record No.1372 came to be
incorporated on 20.9.1939.
21. It is also stated that Gandhi Smarak Nidhi, i.e. Gandhi
National Memorial Trust was formed with the object of
preserving Gandhiji's legacy and one of the many objects of the
trust was to protect and preserve various places associated with
Gandhiji and the Ashram land admeasuring approximately 120
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acres was partitioned and entrusted to various trusts for
carrying different purposes and the trust to which the Ashram
land came to be divided amongst were respondent Nos.3 to 7
apart from Gujarat Khadi Gramudyog Mandal. It is stated that
respondent No.3 trust was established by Shri Sardar Patel
along with various other persons of eminence mainly with a
view to preserve and maintain Ashram buildings, wherein
Gandhiji resided and respondent No.3 trust was entrusted 5
acres of land for carrying out various objects such as, to create
a fitting memorial for him and an archive of Gandhiji's original
papers and to set up a library on freedom movement with
facilities for scholarly research and respondent No.3 trust came
to be registered under the Bombay Public Trusts Act, 1950. It is
stated that only on the 5 acres of land in possession of
respondent No.3, which is presently identified as Sabarmati
Ashram, 11 out of 63 original Ashram buildings are situated,
wherein only 3 buildings are open to visitors, i.e. Hriday Kunj,
Magan Nivas and Mira Kutir. In fact, in the total 63 original
Ashram buildings situated in the area of the Gandhi Ashram as
it originally stood, some buildings are in dilapidated condition
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and some are used for purposes completely unconnected with
that of the Ashram. It is contended that Gandhi Ashram as
established by Gandhiji and the philosophy propounded by the
father of the Nation. The Ashram as a repository for books,
original papers and other facilities for researching the life, work
and message of Gandhiji is insufficient and lacking.
22. It is the further plea of the State that in order to
maintain philosophy, message and legacy of Gandhiji for the
future generation, it was necessary to restore and develop the
buildings and boundaries of the Gandhi Ashram for the benefit
of the present and future generations, whereby the Gandhi
Ashram can be recreated to get a full sense of how the original
Ashram was like and how it functioned at the time when
Gandhiji was living there and the sole object of development is
to promote philosophy of Gandhiji. Hence, contending that with
this view in mind, the proposed project came to be conceived,
whereby it was envisioned, that the same will be a collaborative
exercise between the government, the trusts functioning from
the Ashram precincts and the residents of the Ashram. It is
further stated that proposed project envisages vital role of all
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stakeholders to ensure that the autonomy of trusts is maintained
and the development work is carried out in accordance with the
values that have guided the trusts. Hence, it is contended that
in the aforesaid background, government resolution dated
5.3.2021 was issued which constituted a Governing Council and
Executive Council with the sole object of development of Gandhi
Ashram Memorial and precincts. It is stated that various
communications were addressed to various trusts for in-
principle consent to the proposed project and the Governing
Council in its meeting held on 18.8.2021 resolved to form a trust
called 'The Mahatma Gandhi Sabarmati Ashram Memorial
Trust' (for short 'MGSAMT'), as an autonomous body under the
provisions of the Societies Registration Act, 1860 and the
Bombay Public Charitable Trust Act, 1950 with the primary
object of facilitating and expediting the activities pertaining to
conservation, development and maintenance of the Ashram
memorial and the resolution to that effect came to be issued on
6.9.2021 (Annexure-R2). It is contended that the role of the
Governing Council is to guide the development works of the
project and the said Governing Council is headed by the Chief
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Minister and the Members of the Governing Council would
include the Chief Secretary, Government of Gujarat, Chief
Principal Secretary to Hon'ble the Chief Minister of Gujarat,
Shri Narhari Amin and Dr. Kirit Solanki, Members of Parliament
amongst others including Prominent National Level Gandhians,
Representative of Sabarmati Ashram Preservation and Memorial
Trust, Representative of Sabarmati Harijan Ashram Trust,
Representative of Khadi Udyog and Representative of Sabarmati
Ashram Gaushala.
23. Contending that Executive Council headed by Chief
Principal Secretary to the Hon'ble Chief Minister of Gujarat
along with its members would ensure seamless co-ordination
between the Governing Council and the implementation arm
which comprises of the Ahmedabad Municipal Corporation and
the Sabarmati Riverfront Development Corporation Limited,
Ahmedabad. Explaining the role of the Executive Council and
the Governing Council, the impugned resolution is sought to be
sustained.
24. Contending that the proposed project will not alter
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topography of the Gandhi Ashram and will not go against
Gandhian ethos of simplicity and frugality. Respondent No.1
has contended that Gandhi Ashram is to be developed in a
manner, that it can aptly reflect the real sense as to how the
Ashram was like when Gandhiji was living there and seeks to
restore the original buildings of the Ashram, most of which are
in dilapidated condition. The idea of the proposed project is to
ensure that the Gandhian ethos can be kept alive and nurtured
for the benefit of the present as well as the future generations.
25. Contending that Gandhian ethos of frugality and
simplicity will be highlighted more by the proposed project. It is
contended that necessary facilities as such cafeteria and
parking are envisaged in the proposed project which by itself
would not mean that Gandhi Ashram will lose its essence and
expressing apprehension as to why the Ashram to be made as a
world-class museum and a tourist destination can be objected to
by the petitioner as the philosophy, teachings and life work of
Gandhiji would reach a large audience and would be preserved
in the best possible manner. Contending that the 5 acres
entrusted to respondent No.3 is identified as Gandhi Ashram
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which houses 11 original Ashram buildings out of 63. Out of
said 11 buildings, only 3 are open for visitors. The facilities
therein are not sufficient and engaging enough for visitors.
Contending that the proposed project seeks to undo the said
fragmentation and bring to life the essence of Gandhi Ashram as
it originally stood and the 5 acres campus is to be expanded to
55 acres so as to include all 48 original Ashram buildings.
Contending that Chandrabhaga rivulet, which is presently a
nalla is to be developed as a pleasant Urban waterway and
contending that Gandhi Ashram, as it stands today, seeks to
recreate the Ashram with its tranquil environment, while
preserving the Gandhi ethos and developing it as a place of
learning and information about the Father of the Nation.
Contending that the petitioner has only exhibited discontent for
no sound reason, the prayer sought for in the present petition
may not be granted.
26. It is further contended that the proposed project will
not change the topography of Gandhi Ashram but will recreate
and revive the Gandhi Ashram as it originally stood while
accentuating its frugality and simplicity coupled with its calm
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
and tranquil atmosphere.
27. Denying the right of second respondent to oversee any
redevelopment work of Gandhi Ashram, it is contended that
Gandhi Smarak Nidhi has no superintendence over Sabarmati
Ashram Preservation and Memorial Trust (for short 'SAPMT')
or any other trust entrusted with the Gandhi Ashram land. It is
also contended that the petitioner himself admits that late
Mahatma Gandhi intended to surrender the Ashram and its
premises for the service and benefit of the Harijan Community
and in view thereof, the Gandhi Ashram admeasuring
approximately 120 Acres came to be entrusted to the Harijan
Ashram Trust, which land came to be partitioned amongst
respondent Nos.3 to 7 trusts and this fact is also admitted by
the petitioner.
28. It is further stated that Executive Council of MGSAMT
had addressed communication to each of the respondents i.e.
respondent Nos.3 to 7 for their consent for carrying out
development work of the Gandhi Ashram and same came to be
accorded by respective respondents. It is also contended that
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consent and in principle approval granted by respondent Nos.3
to 7 trusts is indicative of the fact that the trusts that are
managing the Gandhi Ashram precincts are in agreement with
the fact that the proposed project will actually contribute
towards the development of the Gandhi Ashram to the
advantage of those visiting and would in fact promote the
ideology and philosophy of Gandhiji. Respondent No.2 trust has
no authority over the Gandhi Ashram either directly or
indirectly and there is no question of authorizing the
development work under the aegis of second respondent, as it
has no authority whatsoever over the Gandhi Ashram or over
SAPMT. It is further contended that SAPMT itself was
established by Shri Sardar Vallabhbhai Patel and overseeing the
Ashram premises as they presently stand, which has accorded
consent for the proposed project and has also nominated trustee
who has been inducted into the Governing Council. It is further
stated that SAPMT has prepared a Concept Note for the
restoration work of Gandhi Ashram. It is further contended that
out of 120 Acres of land, only 5 Acres of land is identified as
Gandhi Ashram and rest of the land belonging to respondent
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Nos.3 to 7 trusts is fragmented and is being used for varied
purposes which may or may not be connected with the Ashram
work, such as hotel, semen bank, teacher training college, shops
and staff housing quarters. First respondent pleads that most of
the land is still with the trust and some parcels of lands have
been alienated and they are no longer belong to the trust and
some of the original buildings are in dilapidated condition and
have been altered or built over. It is further pleaded that several
new buildings have also been constructed and the same are at
odds with the architecture of the Ashram, as a result of which
they do not appear to be part of Gandhi Ashram. It is further
stated that out of approximately 260 families of descendants of
original Ashramites residing there, only few of them are
working with Ashram whereas others have no direct connection
with the Ashram. First respondent contends that the proposed
project takes note of the fact that the Ashram must have a calm
and peaceful environment and as such, there is a need to divert
Ashram road which runs through the middle of the land of the
original Ashram and same has to be relocated. Contending that
petitioner has turned a blind eye to the fact that in the land of
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the original Ashram admeasuring approximately 120 Acres, the
Gandhian ethos are not being preserved in the way they should
be and contrary to the petitioner's contention, the proposed
project recognizes that development work is to be in accordance
with the original Ashram's ethos and should retain the values
preached by Gandhiji.
29. Denying the right of the second respondent and
contending respondent Nos.3 to 6 have graciously accorded
their consent to the proposed project and have even nominated
three trustees who have been inducted in the Governing Council
as members/trustees of MGSAMT vide Government Resolution
dated 24.03.2022.
30. Referring to Clause 9 of the trust, it has been
contended that pursuant to the same, three trustees from
amongst respondent Nos.3 to 6 have been inducted to the
Governing Council and as such, the contention of the petitioner
that redevelopment of Gandhi Ashram is being carried out to the
exclusion of respondent Nos.3 to 7 trusts is erroneous.
Contending that proposed project envisages the involvement of
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respondent Nos.3 to 7 and it expects guidance from them for
proper execution of the redevelopment work so that the Ashram
can truly reflect Gandhian ethos, contentions of the petitioner
have been denied.
31. Denying that the key responsibility of the Governing
Council rests with them and Executive Council has no role, it
has been contended that the Governing Council has several
responsibilities as also the Executive Council and perusal of the
key responsibilities of the Governing Council and the Executive
Council is indicative of the fact that former is to carry out the
vision of the proposed project whereas the latter is to
supplement the said project. Contending all the decision making
is within the domain of Governing Council which also comprises
of representative of trust as well as prominent Gandhians who
can inform the development work in accordance with Gandhin
ethos, first respondent has sought for rejection of the petition. It
is contended that the Executive Council should facilitate and
supplement the development work which does not warrant the
need of trust representatives as matter of relocation of
stakeholders fall squarely within the domain of the respondents
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State being a matter of policy.
32. Contending that the State is making a sincere effort to
redevelop the Gandhi Ashram as it originally stood and the said
exercise is to be done with the guidance of respondent Nos.3 to
7 trusts, the contention of the petitioner is to be rejected as it is
not on any sound basis and to malign the proposed project, a
distorted picture is sought to be put forward.
33. By denying the averment made in the writ petition in
toto vide paragraphs 14.1 to 14.10 of the reply affidavit, first
respondent contends that although in the letter dated
30.09.1933 Gandhiji had desired to transfer the Ashram lands to
Harijan Sevak Sangh, the same came to be transferred to
Harijan Ashram Trust by Trust Resolution dated 05.09.1939 and
the said Ashram itself had alienated parts of the original Ashram
to various other trusts i.e. respondent Nos.3 to 7 herein. Hence,
it is contended that 2nd respondent trust has no authority or
superintendence over the 5th respondent trust or any other trust
to whom the said lands have been entrusted.
34. It is further denied that 2nd respondent has any role to
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play for the maintenance and preservation of Gandhi Ashram as
same was maintained at all times by SAPMT.
35. It is also denied that the proposed project has
envisaged augmented facilities which are necessary such as
cafeteria, parking lot, parks; does not mean that it seeks to
deviate from the ideology of Gandhiji and in order to make it
more visitor friendly, these facilities are being extended to the
visitors. Contending that with the development of Gandhi
Ashram, the number of visitors would increase as the proposed
project envisages new museums and exhibition centers to
enable visitors to learn more about Gandhian history and
philosophy. It is stated that as of now these are lacking and
proposed project seeks to achieve the same and philosophy of
Gandhiji can be cultivated, instead of just aimless strolls in the
Ashram that are not engaging enough.
36. Contending that the Concept Note for restoration of the
Ashram is being prepared by SAPMT - respondent No.3 which is
the trust that maintains the Gandhi Ashram as it presently
stands and the research work related to the same is being
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carried out by Gujarat Vidyapith which is an institution
established by Gandhiji himself and representatives of the
respondent Nos.3 to 7 trusts being engaged in the project would
in no way remotely erases the value and ethos of Gandhiji. It is
further contended that presence of government authority is to
ensure that the proposed project is overseen by functionaries in
position of responsibility in different departments who can
contribute best expertise for development of Gandhi Ashram.
37. It is contended that Gandhi Heritage Portal is being
funded by the Ministry of Culture of Government of India along
with 3rd respondent where the same is being managed by latter
and it is proposed to remain under the administration and
authority of SAPMT.
38. It is contended that without submitting any
representation, expressing any apprehension and seeking
clarification, the present petition has been filed on
presumptuous footing. Contending that 2nd respondent has no
authority, either direct or indirect over the Gandhi Ashram or
respondent Nos.3 to 7 trusts who are managing the Gandhi
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Ashram and also contending that the Governing Council
comprises of representative of the trusts entrusted with the land
of Gandhi Ashram which has a pivotal role to play in carrying
out the object of the proposed project which is in accordance
with the Gandhian ethos and philosophy, has sought for
dismissal of the petition.
C. AVERMENTS MADE IN THE REPLY AFFIDAVIT
FILED ON BEHALF OF 2nd RESPONDENT :
39. It is stated that after the assassination of Mahatma
Gandhi on 30.01.1948, the working committee of the Indian
National Congress in its meeting held at New Delhi on
06.02.1948 resolved to start a National Memorial Fund, to be
known as 'Gandhi Smarak Nidhi' to perpetuate his memory and
authorized Dr. Rajendra Prasad, the then President of the Indian
National Congress, to take all precautionary steps to raise the
said fund and total amount of Rs.10,97,16,197-6-5 was
collected. A declaration of trust was made with the objectives
enumerated thereunder.
40. It is further contended that after the assassination of
Mahatma Gandhi after wide consultation with concerned
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
persons, it was decided that memorials will be set up at places
where Gandhiji had stayed and worked from, and one of the
places was Harijan Ashram Trust, Sabarmati. This initiative was
taken up by Shri Sardar Vallabhbhai Patel, Shri
G.V.Mavalankar, Seth Kasturbhai Lalbhai, Seth Amritlal
Hargovindas and others and in this direction funds have been
collected and deposited in GSN national fund and a sum of
Rs.23,20,000/- was handed over to the second respondent which
was utilized to establish Gandhi Smarak Sangralaya with
archives and library being integral parts of it. By relying upon
the recitals of the trust deed, it is contended that GSN was
formed as umbrella organization after the demise of Mahatma
Gandhi with the primary objective to conduct and promote
manifold constructive activities with which Mahatma Gandhi
was associated, there is a symbiotic relationship between GSN
and respondent Nos.3 to 7 trusts which are considered as
members of a larger Gandhian family which functions to
promote and preserve the legacy of Mahatma Gandhi and the
values espoused by him. Hence, it is contended that 2 nd
respondent has adequate moral right and authority over the
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Gandhi Ashram.
41. In fact, 2nd respondent has stated that it agrees in
principle with the intentions professed by the 1st respondent or
in other words has no objection for redevelopment of Gandhi
Ashram. At paragraph 9 of its reply, second respondent has
stated that proposed project of redevelopment would abide by
what has been stated to sub-serve the objective of promoting
Gandhian ethos and ideology.
D. AVERMENTS MADE IN REPLY AFFIDAVIT FILED BY
3RD RESPONDENT :
42. It is stated that 3rd respondent came into being on
17.06.1951 by way of execution of a Declaration of Trust by the
founding trustees with the principal objective of preserving the
Gandhi Ashram / Sabarmati Ashram, which Mahatma Gandhi
made his abode for several years from 1917 to 1930 and for the
preservation of his original writings, materials and other
artifacts. Contending that the said trust was specifically set up
for conservation and preservation of Gandhiji's physical and
intellectual legacy and was entrusted the responsibility of
interpreting Gandhiji's life and about the Ashram to the people
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
who visit the Ashram everyday. Contending that out of total
area of 120 Acres and 37 Gunthas, 3 rd respondent is in
possession of land admeasuring approximately 7 Acres which
was transferred and conveyed by the Harijan Ashram Trust by a
Deed of Property dated 28.01.1952 (Annexure-C). It is stated
that there are 11 buildings / structures as enumerated in
Annexure-D. It is contended that one of the objectives of the 3 rd
respondent is to create museum appropriate to the ethos and
architectural language of the Ashram and to achieve this object,
Shri Charles Correa was appointed as the Architect and the
museum was inaugurated on 10.05.1963 known as "Gandhi
Smarak Sanghralaya", which has acquired international repute
which reflects the ethos of Gandhiji's life and work and the area
owned and managed by 3rd respondent is popularly known as
Gandhi Ashram or Sabarmati Ashram which is visited by several
persons including dignitaries from other nations. It is contended
that the third respondent is making all efforts for conservation
of the buildings known as Hriday Kunj, Magan Niwas, Nandini,
Mira Kutir and the building of Gandhi Smarak Sanghralaya and
the entire premises. It is stated that the library containing
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almost 60,000 volumes as well as state-of-art archives which
preserve over 34,000 original manuscripts of Gandhiji and its
principle associates, is being managed by the 3rd respondent
which are being used by researchers and scholars across the
globe and is recognized as unique contribution to the world
community, available in several languages.
43. 3rd respondent has extended its consent for the
proposed project on the premise that it would serve the purpose
of espousing the Gandhian ethos and cultivate and promote the
legacy of Mahatma Gandhi for the present as well as future
generation. In principle consent dated 20.07.2021 by the 2 nd
respondent addressed to the Chairman of the Executive Council
of MGSAMT has been accorded. It is also stated that the 3 rd
respondent is preparing a Concept Note on the development of
the precincts in a way that the Ashram experience is
interpreted, consistent with the life, work and legacy of Gandhiji
and the Ashram and through consultative process, it is
preparing the said concept note. It is further contended that
respondent No.2 was formed as an umbrella organization, which
neither had or has any legal right of any nature whatsoever over
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Gandhi Ashram and precincts. Contending that the Gandhi
Ashram and the precincts are independently owned by
respondent Nos.3 to 7 who have the sole legal right and
authority over their prospective premises and contending
second respondent does not play any role whatsoever in the
management and affairs of Gandhi Ashram and precincts, the
right of 2nd respondent over respondent Nos.3 to 7 has been
denied. It is also contended that second respondent does not
extend any financial assistance or aid and only till 1959
recurring and non-recurring expenditure of respondent No.3
was met by second respondent and from 1959 onwards, 3 rd
respondent has been financially independent. It is also
contended that no development, restoration or conservation
activity of Gandhi Ashram subsequent to 1959, 2 nd respondent is
involved in any way.
44. It is contended that after the Mahatma Gandhi
disbanded the Gandhi Ashram in 1930 by addressing a letter
dated 30.09.1933 to G.D.Birla conveying the decision of trustees
of Satyagrah Ashram Trust to transfer the entire property of
Gandhi Ashram and precinct to All India Harijan Organization
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
for all India use, the premises of Gandhi Ashram and precinct
came to be transferred to 5th respondent Harijan Trust. Over
later years, it was partitioned by 5 th respondent under which the
land and the area now in occupation of the 3 rd respondent was
conveyed absolutely by the trust by a Deed of Property dated
28.01.1952 and as such, 3rd respondent has claimed its
ownership and custody and has claimed to be in possession of
this portion of Gandhi Ashram. Denying the contention of the
petitioner that though there was Deed of Transfer yet the 2 nd
respondent was custodian of the Ashram land by relying upon
the Deed of Property dated 28.01.1952.
E. AVERMENTS MADE IN REPLY AFFIDAVIT FILED
ON BEHALF OF 4TH RESPONDENT :
45. Denying the submissions made in the writ petition
except those which are specifically admitted, it is contended
that late Shri Krishnadas Gandhi who is the grandson of late
Mahatma Gandhi established an organization called "Khadi
Gramodhyog Prayog Samity, Ahmedabad" in 1958 which was
registered under the provisions of Societies Registration Act,
1860, and also registered as a trust under the Bombay Public
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Trusts Act, 1950, with the main object of research in Charkha
and Khadi which is the basic Gandhian ideology. Contending
that research on Khadi and Charkha was carried out by
Charakha Sangh, Sevagram (Wardha) and prior to that late
Mohandas Karamchand Gandhi formulated 'Yaravada Charakha'
of which he was not satisfied and tried to improve it constantly
for 'Speeding Charkha' and utilize Gandiv (Dhanush) Charkha in
a box from Surat. Later applied Spring in Charkha and named
as 'Kishan Charakha' contending that Gandhiji was persistently
showing his enthusiasm for research work and later on it was
carried on by Akhil Bharat Sarva Seva Sangh. It is stated that
after the formation of the trust in 1957, its functioning was
handed over to late Krishnadas Gandhi, the grandson of
Mahatma Gandhi, who was born in Gandhi Ashram. It is stated
that land of Survey Nos.553, 554, 555/1, 555/2, 556/1 and 556/2
of village Vadaj, Ahmedabad, was purchased on 18.08.1961
from individual land owners for a total consideration of
Rs.37,890/-. Enumerating the objects of the trust and
contending that the testing laboratory for improvement of
quality of Khadi was established and various persons were
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trained by providing training to all those persons who are
arriving from all over the country on the standard of Khadi and
its implements. 4th respondent states that it received a
communication dated 20.09.2019 from the office of Khadi and
Village Industry Commission, Gujarat Regional Branch,
Ahmedabad, about the proposed project of the 1 st respondent
and after negotiations and conservation, it has been resolved to
give no objection for the proposed project as the ethos and
principles of Gandhiji would get translated into reality.
F. AVERMENTS MADE IN REPLY AFFIDAVIT FILED ON
BEHALF OF 5TH RESPONDENT :
46. It is stated that in the year 1917 Mahatma Gandhi along
with Kastur Baa and other dedicated Ashramites established the
Satyagraha Ashram, where history of achieving freedom for
millions with truth and non-violent means commenced. It is
stated that on 02.06.1917 on behalf of Satyagraha Ashram,
Mahatma Gandhi - Mohandas Karamchand Gandhi, who was a
farmer along with Maganlal Khushalchand Gandhi purchased
120 Acres and 37 Gunthas of land from one Shri Acharya
Manishanker Pitamber and others for the freedom movement
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and to strengthen constructive work under registered Sale Deed
dated 02.06.1917 (Annexure-R5/1). It is stated that Satyagraha
Ashram was established on 17.06.1917 and on 12.02.1926, the
Deed of Declaration of Trust for the institution called
Satyagraha Ashram Trust was established vide Annexure-R5/2.
47. It is further stated that in the year 1930, Mahatma
Gandhi left the Satyagraha Ashram for 'Dandi' Salt movement
with a vow to never return to Satyagraha Ashram until the
freedom of India was not achieved. It is further stated that
Mahatma Gandhi by his communication dated 30.09.1933 had
expressed his desire to surrender Satyagraha Ashram to Harijan
Sevak Sangh to Shri Ghanshyamdas Birla. In the year 1933,
Mahatma Gandhi appealed to the Ashramites to join the
Satyagraha movement and decided to give the whole Ashram to
the then British Government which refused to take the
ownership and management of the Ashram. It is further stated
that on 05.09.1939 Satyagrah Ashram was rechristened as
Sabarmati Harijan Ashram Trust (SHAT) and after the
assassination of Mahatma Gandhi, SHAT was formally
registered on 24.09.1952.
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48. It is further stated that Mahatma Gandhi believed in
decentralization and keeping the larger good in perspective,
respondent Nos.3 to 7 were formed with the permission of the
Charity Commissioner and SHAT transferred some of the
historical buildings to Sabarmati Ashram Preservation and
Memorial Trust - 2nd respondent on 28.01.1952 and later on 3 rd
respondent decided to keep some of the historical building for
their constructive work as resolved in the meeting held on
14.06.1969. It is stated that the 2nd respondent holds a total
area of land measuring 87,889 sq.mtrs. in Gandhi Ashram which
is substantial portion of the proposed project namely MGSAMT
and it is situated on both sides of the main road. It is stated that
there are number of illegal encroachments on the land and it
has ownership of 38 buildings comprising of 26 historical
buildings (constructed before 1940), which includes residential
educational institutes, playground, amphitheater, garage etc.
and they are dedicated towards serving the cause of upliftment
of society through constructive works.
49. It is stated that 5th respondent has been carrying out
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various activities with Gandhian ethos through the constructive
works.
50. It is further stated that 5th respondent has given in
principle approval for the proposed project of Gandhi Ashram
namely MGSAMT as it would serve the Gandhian principles. It is
further stated that it has common intention with the first
respondent to redevelop the Gandhi Ashram and its precinct
which would sustain, cultivate and promote the legacy of
Mahatma Gandhi and the ethos of his space for the present as
well as future generation.
51. It is also stated that there shall be a collaborative
mechanism in the proposed MGSAMT for coordination and
consultation between respondent Nos.3 to 7 and has expressed
its view that the trust which presently owns and manages the
Gandhi Ashram is required to have adequate representation in
the Governing Council of MGSAMT. Narrating its expectation in
the proposed project in paragraph-7 and there would be a
permanent trustee of 5th respondent in MGSAMT, it has
accorded its in principle consent for the project.
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52. It is also stated that 2nd respondent after development
of Ashram had lost interest with the passage of time in
constructive activities of the 5th respondent and has not
supported the 5th respondent for preservation, restoration and
maintenance of properties as well as its activities.
53. It is also stated that respondent Nos.3 to 7 are having
legal right and authority over their respective premises and 2nd
respondent has no authority over the Gandhi Ashram either
directly or indirectly and as such involving 2 nd respondent in the
development of the proposed project is not warranted. It is also
contended that the 5th respondent was the parental trust formed
by Mahatma Gandhiji of which respondent Nos.3 to 7 are the
decentralized trusts which are formed subsequently as per the
requirement with the passage of time and as such it has
extended its in principle approval for the development of the
project of MGSAMT with a motive of larger good and in order to
ensure that the Gandhian ethos and values may reach to the
various parts of the world.
54. Hence, the respondents Nos.3 to 5 have sought for
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suitable orders being passed.
55. Petitioner has filed a rejoinder to the affidavit of reply
filed by the first respondent by way of an affidavit dated
04.07.2022 contending thereunder that pursuant to the
communication dated 30.09.1930, respondent No.7 became the
custodian of Ashram and its trustees held the property of the
Ashram in trust. It is further contended that in the absence of
Will, the letter dated 30.09.1933 must be treated as the last Will
and testament of Gandhiji qua the Sabarmati Ashram and its
adjoining land. It is further stated that 3 rd respondent trust was
formed to preserve and manage the core area of Ashram
comprising of Hriday Kunj, Magan Nivas, Mira Kutir and
Pararthana Bhoomi and later the Sangrahalaya situated on the
core plot of approximately 5 Acres of land. It is also admitted by
the petitioner that 3rd respondent has done a commendable job
of managing and preserving the core area of the Ashram
entrusted and has maintained the ideological legacy of Gandhiji.
It is further stated that the most cherished ideal of Gandhiji
namely Khadi, Village Industry and Kutir Udhyog are
established on Gandhi Ashram where visitors can witness the
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ideology in action and even purchase what is produced in these
endeavors. It is stated that Vidya Mandir School is being closed
down and relocated due to the development project, which
school was established by Mahatma Gandhi to provide Swadeshi
education for the poorest of poor and weakest of weak whom
Mahatma Gandhi called 'Daridra Narayan' and to the children of
Ashramvasis and Satyagrahis. Contending that relocation of the
school will not be viable and as a result there will be many drop
outs. It is contended that vision of Bapu for Sabarmati Ashram
and its objectives includes Kalam Khush products which
provides handmade soap, handmade paper, product based on
handmade paper, Charkha and Rentiya both souvenirs and
working models. It is a functioning example of Kutir Udhyog,
which the visitors of Ashram experience by visiting the Ashram.
It is admitted by petitioner that over the years, there has been
devolution of certain portion of the Ashram land to
organizations which work in consonance with the Gandhian
ethos and said devolution was done by the 5 th respondent as per
the needs arising and even today, any decision regarding the
Ashram property must be sanctioned and carried out only by 5 th
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respondent trust as they remain the sole 'custodians' of the
property. Contending that neither the first respondent - State
nor other respondents can go beyond the reason for which the
Ashram was established or the appurtenant land was
transferred to respective trusts being used contrary to the
objects and it would be bad in law.
56. Petitioner has sought for this Court directing the first
respondent to reveal the total plans of the redevelopment as
they intend to spent Rs.1,100 Crores and contending that
redevelopment of the Ashram would be in violation of Article
300A of the Constitution of India as it infringes the right of
respondent No.5 or respondent No.7 as they being the rightful
custodians of the property. It is contended that neither the
trustees of respondent No.5 nor respondent No.7 can act
against the interest and objects of the trust as stipulated in the
letter dated 30.09.1933.
57. It is further stated that the authorities right to acquire
the tenements of long term residents of the Sabarmati Ashram
precincts without compliance of the provisions of Right to Fair
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Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, is bad in law.
Contending that the quarters so far repossessed by the
Government must revert to the custodianship of respondent
Nos.5 or 7 trusts to be dealt with in accordance with the trust,
petitioner has prayed for suitable directions being issued.
Contending it is only the Dalits and Harijans who can be housed
at such premises in accordance with the objects of the trust and
the trust property cannot be put to any other use but to be held
by the trust in conformity with the duty entrusted to them by
Mahatma Gandhi.
58. It is further contended that even otherwise, the
construction work sought to be done by the first respondent
being on the banks of Sabarmati river, has to be carried out
under the aegis of Sabarmati Riverfront Development
Corporation Limited and Ahmedabad Municipal Corporation
since said redevelopment is close to the river and it is bound to
adversely affect the river, which this Court in suo motu Writ
Petition (PIL) No.98 of 2021, has noted as presently highly
polluted / contaminated and as such, it would exasperate the
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
already precarious state of Sabarmati river.
59. Contending that both State and Union of India have
always been closely associated with Ashram only by funding and
extending other logistics support for the upkeep of Ashram
hitherto and always, the work has been carried out under the
direction, guidance and supervision of the Ashram trust. Hence,
contending that the established custom must continue to be
followed and for the first time under the guise of Sabarmati
Ashram redevelopment work the Government has appropriated
the role of planner and executor in most arbitrary manner and it
goes against the established work done in Gandhian
organizations which allows them dignity and independence.
Contending that the very fact that Gandhi Smarak Nidhi
through a registered Sale Deed transferred 4.5/5 acre plot of
land to SAPMT, 3rd respondent trust would establish the legal
custodianship /ownership right on the Ashram land, which
cannot be ignored and the 1st respondent has completely
sidelined the presence of 2nd respondent and it transgressed the
legal rights of duly registered existing legal entity.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
60. It is further contended that the new committees and the
newly established trust MGSAMT would signify only their
nominal presence and would become insignificant, as they will
have no say in the face of the majority of the members of
Government administering the committees and the newly
formed trust which is a blatant and insincere attempt by the 1 st
respondent who has made it to appear as one being inclusive.
On this grounds, petitioner has sought for the petition being
allowed.
61. The affidavit-in-sur-rejoinder has been filed by the first
respondent denying the averments made in the rejoinder and it
is contended that 120 Acres of land was not contiguous and the
survey numbers thereof were fragmented and in the year 1933
namely on 30.09.1933, Mahatma Gandhi wrote a letter to Shri
Ghanshamdas Birla expressing his desire to surrender
Satyagrah Ashram to Harijan Sevak Sangh, which desire was
not implemented and the said 120 Acres of land originally
known as "Satyagrah Ashram" came to be transferred to the 5 th
respondent trust by resolution dated 05.09.1939 passed in the
meeting attended by M/s. Mohandas Karamchand Gandhi,
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Jamnalal Bajaj, Mahadeo Haribhai Desai and Chaganlal
Khushalchand Gandhi resolving thereunder that Satyagrah
Ashram should be named as "Harijan Ashram Trust" (5 th
respondent) and Sriyuths Ganesh Vasudev Mavlankar, Shri
Shankarlal Banker and Shri Narhari D. Parikh were appointed
as trustees of Harijan Ashram Trust in place of three trustees
namely Shri Maganlal Khushalchand Gandhi, Shri Imam Sahib
Abdul Qadir Bavazir and Shri Rewashankar Jagjivanbhai Jhaveri,
who had expired. It is stated that the revenue records came to
be updated on 29.03.1939 after resignations of Shri Mohandas
Karamchand Gandhi, Shri Jamnalal Bajaj, Shri Mahadeo
Haribhai Desai and Chaganlal Khushalchand Gandhi. It is stated
that 120 Acres of Ashram land was partitioned at different
intervals and given to various trusts for carrying out different
activities. Accordingly, 5 Acres of land was given to the 3 rd
respondent trust which established Gandhi Ashram 'as is
presently identified by the public' which is also maintained and
preserved by 3rd respondent. It is also contended that other
parcels of land constituting 120 Acres are being used for varied
purposes and some portions have been alienated and are no
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
longer belonging to the trust and the original buildings are in
dilapidated condition apart from constructing some new
buildings which are at odds with the architecture of Ashram and
they do not appear to be part of Ashram.
62. It is further stated that on 20.12.2014, the
Comprehensive Development Plan, 2021 (Second revised) came
to be sanctioned by Government of Gujarat vide Notification of
even date as per the provisions of Gujarat Town Planning and
Urban Development Act, 1976, inter alia adding new Resolution
No.14.12 for a "Special Plan Development Zone" ('Gandhi
Ashram Precincts', for short) for Gandhi Ashram and its circle
around total measuring 322 Acres as being of a high historic
and national significance. It is further stated that Government of
Gujarat issued a Notification on 03.10.2019 in exercise of its
power vested under Section 116A(2) of Gujarat Town Planning
and Urban Development Act, 1976, sanctioning the variation in
modification in Comprehensive General Development Control
Regulations, 2017 (for short, 'CGDCR') and has relied upon
table 6.2 which indicate the Special Plan Development Zone-4
for Gandhi Ashram Special Development Area and Regulation
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
8.4.2 which provides for comprehensive Area Development
Scheme for Gandhi Ashram.
63. It is stated that on 29.12.1920 detailed project report of
Gandhi Ashram Memorial and precinct Development Project
was formulated wherein the extent of Gandhi Ashram building
as documented to aerial image from year 1949 admeasuring 47
Acres was superimposed on a T.P. Scheme No.28 (Nava Vadaj).
To preserve all the original Ashram building, actual area of 55
Acres was identified for purpose of restoration and development
of Gandhi Ashram. It is stated that Ministry of Culture has
approved the detailed project report and it is stated that the
Gandhi Ashram Memorial will be dedicated to the life and work
of Gandhiji wherein the Ashram will be brought to life as it was
at the time of Gandhiji and several activities such as education,
housing, Khadi workshops would form part of the Gandhi
Ashram precincts.
64. By referring to the Government Resolution dated
05.03.2021, it is stated that the State Government intends to
implement the vision for comprehensive development of
"Gandhi Ashram Memorial and Precinct Development Project".
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
It is stated that the said development came to be followed by
formation of a trust called MGSAMT as resolved by the
Governing Council in its meeting held on 18.08.2021 which has
been formed for enhancing coordination and consultation
between the trust and the Government which is also clear from
the Government Resolution dated 15.06.2022. It is stated that
all the respondent trusts have agreed in principle for the
proposed project. It is further stated that since the second
respondent has no presence of whatsoever nature in the entire
project, consent of 2nd respondent is not obtained. It is stated
that the trusts associated with the Ashram have acknowledged
the need for entire project and have given their consent. Hence,
enumerating the tentative proposals and relying upon several
documents produced along with the sur-rejoinder as also the
one already produced along with the reply affidavit, 1 st
respondent has sought for rejection of the petition.
65. It is also stated that the Ministry of Finance,
Government of India vide Notification dated 01.07.2021 has
approved to release a sum of Rs.1,246 Crores to the State of
Gujarat to efficiently carry out the project in question.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
66. It is also stated that with due permission and consent of
Gujarat Khadi Gram Udhyog Mandal, the project has been
planned which seeks to elevate the activities of the Khadi
movement. It is also stated that one of the trustees of the said
trust Shri Maljibhai Desai is a member of the Governing Council
of MGSAMT. Hence, the 1st respondent has sought to stave off
the contentions raised in the rejoinder and has sought for
dismissal of the petition.
67. We have heard the arguments addressed by Shri Mihir
Joshi, learned Senior Advocate appearing on behalf of Shri
Bhushan B. Oza for the petitioner, Shri Kamal B. Trivedi,
learned Advocate General, Ms. Manisha Luvkumar Shah,
learned Government Pleader and Shri K.M. Antani, learned
Assistant Government Pleader for respondent No.1, Shri Aayog
y. Doshi, learned advocate appearing for respondent No.2, Shri
Tanaya G. Shah, learned advocate appearing for respondent
No.3, Shri Bharat Shah, learned advocate appearing for
respondent No.4, Shri Vijay Patel, learned advocate appearing
on behalf of Shri Darshan Dave for respondent Nos.5 and 7, Ms.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Lipee D. Dave, learned advocate appearing for respondent No.6,
Shri Satyam Chhaya, learned advocate appearing for
respondent Nos.8 and 9.
68. It is the contention of Shri Mihir Joshi, learned Senior
Counsel appearing on behalf of Shri Bhushan Oza, learned
counsel that Sabarmati Ashram also known as Harijan Ashram
was the home of Mahatma Gandhi and Kastur Baa Gandhi and
many Satyagrahis from 1917 to 1930 and it served as one of the
nerve center of Indian Freedom Movement and Social Reform
Movement. He would further contend that Mahatma Gandhi and
his nephew Maganlal Khushalchand Gandhi formed a trust that
is Satyagrah Ashram Trust by a Trust Deed dated 02.02.1926
and by communication dated 30.09.1933 addressed to
Ghanshamdas Birla surrendered the said Satyagrah Ashram
Trust to the benefit of Harijans and Dalits to Harijan Sevak
Sangh as its custodian. It is contended that Gandhiji National
Memorial Trust was formed after the assassination of Mahatma
Gandhi with an intent to preserve Gandhiji's legacy in all its
form and its main object is to maintain the museum, various
relics, books, articles, photographs and items connected with
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Mahatma Gandhi, preservation and protection of various places,
associated with Mahatma Gandhi's work and life and as such,
the final decision qua the nature of the development work to be
carried out ought to be under the gaze or supervision or under
the aegis of second respondent trust and respondent Nos.3 to 7.
He would contend that the proposed project will alter the
topography of the century old Ashram and corrupt its ethos. He
would elaborate his submissions by contending that the
proposed project goes diametrically opposite to the Gandhian
ethos of frugality and simplicity. He would submit that the
Government Resolution dated 05.03.2021 forming Governing
Council and Executive Committee would be in the control of
Government and its functionaries and 9 out of 14 members are
Government functionaries and the Executive Council is made up
of Government functionaries without any representation of
respondent Nos.2 to 7 trusts. Contending that the appointment
of a retired IAS Officer as Officer on Special Duty to the
Executive Council would smack of the bonafide. He would also
contend that prior to the present project proposed, the decision
qua the nature of the development work that was being carried
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
out was under the aegis of 2nd respondent trust and/or its State
or District units, where there was no direct involvement of the
State Government except funding the projects. He would submit
that though essentially, the petitioner would have no objection
for development, the manner, method and mode in which the
proposed development is sought to be taken lacks bonafides in
the light of the contentions raised hereinabove. Particularly on
account of oversized involvement of Government and its
nominee in the conception and execution of the said project and
apprehension of the petitioner of Gandhian ethos painstakingly
preserved hitherto gets fortified by the acts of the first
respondent.
69. He would also contend that any development is to be
done should be spearheaded by the trust which presently
running the Ashram under the aegis of second respondent trust
while the project may be funded by the Government and the
entire execution of the same should remain within the domain of
respondent Nos.2 to 7. Contending that the development is
taking on the banks of river Sabarmati, it is to be carried out
under the aegis of Sabarmati Riverfront Development
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Corporation Limited and Ahmedabad Municipal Corporation as
river Sabarmati is already considered to be highly
polluted/contaminated. Hence, it is prayed for the petition being
allowed and/or suitable orders being passed thereon.
70. Shri Mihir Joshi, learned Senior Counsel would also
contend that the 2nd respondent is the custodian of the property
and this fact is also admitted by respondent No.5. He would
submit that when the 1st respondent has sought for the views of
all the respondents and has singularly left out the 2nd
respondent which undisputedly is espousing the values and
ethos propounded by late Mahatma Gandhi, its exclusion is
improper.
71. Shri Kamal Trivedi, learned Advocate General leading
the arguments on behalf of the respondents, submits that the
project envisaged has been for the overall development of the
Gandhi Ashram for which the Union of India has sanctioned a
sum of Rs.1,246 Crores and if there are any creases in the
implementation of the project, same can be ironed out. He
would also contend that the decision of the Governing Council
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
to form a trust by involving the stakeholders, is itself an index to
the fact that the State has taken on board all the stakeholders
and respondent Nos.3, 4 and 5 have given their in principle
approval and there being no role of respondent No.2 and the
said trust having come into existence only subsequent to the
death of the Mahatma Gandhi, it would have no role or say and
as such, it cannot claim any right whatsoever. He would contend
that Shri Vimal Patel who is the Architect of the riverfront as
also the Architect of High Court of Gujarat has been appointed
as Architect for redevelopment of Gandhi Ashram. He would
draw the attention of the Court to the reply filed by respondent
No.3 wherein it is contended that respondent No.2 has no right.
He would also draw the attention of the Court to the statement
of reply or reply affidavit filed by respondent Nos.3, 4 and 5
whereunder they have admitted in clear terms the in principle
approval having been given for the project and the very fact that
the respondent No.3 is actively participating in the project
would disclose that all the stakeholders are exhibiting their
willingness to take the project forward and the project being of
public importance and interest would not only preserve the
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
ethos propounded by the father of the nation Mahatma Gandhi
but would also act as an example for being followed by millions
across the globe. Hence, by reiterating the contentions raised in
the statement of reply, rejoinder and sur-rejoinder, he has
prayed for dismissal of the petition. In support of his
submission, he has relied upon the following judgments :
(i) 2010 (10) SCC 664.
(ii) 2002 (2) SCC 333
(iii) 2000 (2) SCC 81
(iv) 2010 (6) SCC 331.
(v) 1986 SCC ONLINE GUJARAT 124
(vi) 1969 (3) SCC 456
(vii) 2016 (2) SCC 653.
Hence, he prays for the petition being dismissed.
72. Shri Vijay Patel, learned counsel appearing on behalf of
5th respondent would contend that it is running three
institutions and being satisfied with the project proponents'
motive in principle consent has been granted as the interest of
respondent Nos.1 and 5 are common. Contending that
respondent No.5 has kept the ethos of Gandhi alive expressing
the hope that the representative of the 7th respondent would
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
also accommodate in the Governing Council, he has prayed for
suitable orders being passed.
73. Shri Dhaval C. Dave, learned Senior Counsel appearing
for respondent No.6 would contend that there is no whisper in
the entire averments made in the petition about 6 th respondent
which is a Gaushala trust which was very dear to the heart of
Mahatma Gandhi. He would submit that as such 6th respondent
has not filed any objections and would also contend that
respondent No.6 was consulted by first respondent for
redevelopment project and respondent No.6 is part of MGSAMT
trust and as such it has no objection for the redevelopment
project being undertaken.
74. Shri Bharat Shah, learned counsel appearing for the 4 th
respondent submits that respondent No.4 has agreed to
cooperate with project and the affidavit of reply filed may be
treated as the submissions made on behalf of respondent No.4.
75. Shri Aayog Doshi, learned counsel appearing for
respondent No.2 would submit that in principle respondent No.2
is not opposing the development but is apprehensive of certain
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
issues on account of not involving the respondent No.2 and as
such, he prays for suitable orders being passed.
76. Shri Bhushan Oza, learned counsel appearing for the
petitioner in reply would submit that the very formation of the
MGSAMT trust with the presence of the Government nominees
many in number would fortify the apprehension of the petitioner
and contending other trustee members may not have the
Gandhian thinking or following, such apprehension has to be
removed by the State and as such, he prays for the petition
being allowed.
77. Having heard learned advocates appearing for the
parties and after bestowing our careful and anxious
consideration raised at the Bar and on perusal of the entire
records including the case laws relied upon, we are of the
considered view that following point would arise for our
consideration : -
Whether Government Resolution dated 05.03.2021
for comprehensive development of Gandhi Ashram
Memorial and Precincts is liable to be quashed on
any ground whatsoever?
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
DISCUSSION AND FINDINGS :
78. Shri Mohandas Karamchand Gandhi (hereinafter
referred to as "Mahatama Gandhi" for the sake of brevity) along
with Shri Maganlal Khushalchand Gandhi purchased about 120
acres land situated in village Vadaj, North Daskroi Taluka,
District Ahmedabad from one Shri Acharya Manishankar
Pitambar under registered sale deed dated 02.06.1917 which
was on behalf of the "Satyagrah Ashram". The said ashram was
registered as a trust on 12.02.1926 and the trustees being Shri
Mohandas Karamchand Gandhi, Shri Jamnalal Bajaj, Shri
Rewashankar Jagjivanbhai Jhaveri, Shri Mahadeobhai Haribhai
Desai, Shri Imam Sahib Abdul Qadir Bavazir, Shri Maganlal
Kushalchand Gandhi and Shri Chhaganlal Kushalchand Gandhi.
On 05.09.1939, a meeting of the trust came to be held which
was attended by Shriyuths Mahatama Gandhi, Jamnalal Bajaj,
Mahadeobhai Haribhai Desai, Chhaganlal Kushalchand Gandhi
and a resolution came to be passed to the following effect : -
(i) Trust of "Satyagram Ashram" should be named
as "Harijan Ashram Trust"
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
(ii) Following persons are to be appointed as
trustees :
(1) Ganesh Vasudev Mavlankar
(2) Shankarlal Ghelalal Banker
(3) Narhari D. Parikh
79. Aforesaid resolution came to be passed in the
background of Shriyuths Maganlal Khushalchand Gandhi, Imam
Sahib Abdul Qadir and Rewashankar Jagjivan Jhaveri having
expired and other four trustees namely Shri Mahatama Gandhi,
Jamnalal Bajaj, Mahadeo Haribhai Desai and Chhaganlal
Khushalchand Gandhi having resigned from their office as
trustees namely Harijan Ashram Trust formerly known as
Satyagraha Trust.
80. Accordingly, revenue records came to be mutated on
20.09.1939 (Annexure R-1). By a deed of property about 5 acres
of land in Survey No.512/P, 524/P, 561/P measuring about 34,120
sq. yds. was transferred to the third respondent through deed of
transfer. Likewise about 6292 sq. yds. land bearing Survey No.
524 and 525 came to be transferred in favour of fourth
respondent by lease deed dated 14.07.1971. Two properties
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
vested with fifth respondent was leased in favour of seventh
respondent. Likewise other portions of the land was transferred
to Khadi Gramodyog- 4th respondent and to Sabarmati Ashram
Gaushala Trust - sixth respondent respectively.
81. On 20.12.2014, the Government of Gujarat sanctioned
Comprehensive Development Plan, 2021 (2nd revised)
demarcating thereunder a "Special Plan Development Zone" for
"Gandhi Ashram" and its surrounding area admeasuring in all
322 acres along with duly framed "General Development
Control Developments" (GDRC) for conservation of buildings
having historic, architectural and archaeological significance as
part of the plan.
82. The Government of Gujarat issued a notification on
03.10.2019 in exercise of its powers inter alia under section
116A(2) of the Gujarat Town Planning and Urban Development
Act, 1976 sanctioning the variation along with modification in
the Comprehensive General Development Control Regulations,
2017 whereunder Table 6.2 of the same indicate that Special
Plan Development Zone-4 for "Gandhi Ashram Special
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Development Area"; and Regulation 8.4.2 of Regulations 2017
(referred to supra), provided for comprehensive area
development scheme for "Gandhi Ashram".
83. Thereafter on 29.12.2020, a detailed project report i.e.
Gandhi Ashram Memorial and Precincts Development project
was formulated, identifying the area of 55 acres for the purpose
of restoration of development of Gandhi Ashram and same was
sought to be implemented after varying the Town Planning
Scheme No. 28 (Nava Vadaj) for being submitted to Government
of India, Ministry of Finance together with the map inter alia
indicating:
(i) Total project area of 322 acres of "Gandhi
Ashram Precincts";
(ii) Area of 55 acres of land meant for 'Gandhi
Ashram Memorial' out of the said total area of
322 acres;
(iii) Area of 5 acres of 55 acres, where the present
'Gandhi Ashram' is located;
(iv) Photographic comparison along with existing
and proposed amenities.
84. The said proposal viz. Detailed Project Report came to
be approved by the Ministry of Culture, Government of India
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
agreeing thereunder to grant 'in-principle' vide a
communication dated 13.01.2021.
85. In furtherance of the same, impugned Government
Resolution No.PVS-102021-381-S dated 05.03.2021 came to be
issued constituting thereunder the Governing Council and
executive council with the sole object of development of Gandhi
Ashram Memorial and Precinct. The Executive Council by
communications dated 25.06.2021 and 28.06.2021 addressed to
the respondents Nos. 3 to 7 trust sought in-principle consent for
the proposed project and for variation of Town Planning Scheme
No. 28 of New Vadaj. On 01.07.2021, the Government of India
issued a notification approving release of funds to the tune of
Rs. 1,246 crores to the respondent No. 1 under the head
"Special Assistance" for the development of Gandhi Ashram
Memorial and Precinct.
86. In-principle consent came to be granted by the third
respondent and fifth respondent on 20.07.2021 and 25.07.2019
respectively for taking forward the development of Gandhi
Ashram Memorial in and around existing Gandhi Ashram area in
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Town Planning Scheme No. 28, New Vadaj, Ahmedabad.
Gujarat Chapter of seventh respondent addressed a
communication dated 20.07.2021 to the Chairman, Gandhi
Ashram Memorial and Precincts Development Project, stating
inter alia that the trust does not have any properties within the
Satyagrah Ashram other then Safai Vidhalaya Parishad i.e.
campus and Parikshitlal Ashramshala Parishad namely lease
owned properties given by the fifth respondent.
87. When the aforesaid was the factual scenario, the
Governing Council constituted under the Government
Resolution dated 05.03.2021 in its meeting held on 18.08.2021
resolved to form a trust known and called as "Mahatama Gandhi
Sabarmati Ashram Memorial Trust" (MGSAMT) as an
autonomous body to be registered under the provisions of the
Societies Registrations Act, 1860 and The Bombay Public
Charitable Trust Act, 1950, with the primary object of
facilitating and expediting the activities pertaining to the
proposed project and a resolution to said effect came to be
passed. Some of the objectives set out in the Memorandum of
Association of 'MGSAMT' are as under : -
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
"The Society shall function with the main objectives
as envisaged hereunder:
1. To develop, operate and maintain memorial of
Mahatma Gandhi;
2. To develop and maintain the site(s) and the
surrounding area(s) of the memorial of Mahatma
Gandhi;
3. To construct and maintain museums, art
galleries, auditoriums, exhibition centers and
memorials etc.;
4. To establish, develop, maintain libraries and
publish magazines, books, periodicals, papers etc.;
5. To conduct or sponsor or promote in any way,
research relating to freedom fighters, history on any
important subjects and publish, reports of such
research or publish in any way such kind of reports
for public awareness;
6. To create a memorial to the life, thought and
ideals of Mahatma Gandhi at a site chosen by him as
a place for engagement with Satya, Ahmisa,
Satyagraha, Swadeshi and Swaraj in a way that
preserves, protects and cares for the built heritage of
the Ashram and celebrates the continuing global
resonance of this presence and ideals;
7. Objectives of Gandhi Ashram Precinct
7A Unify: To amalgamate and unify the ashram
area that existed in/before 1949 AD;
7B Develop: To develop the Chandrabhaga
Rivulet such that it is well integrated within
the Gandhi Ashram Project;
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
7C Integrate: To develop a well-integrated and
comprehensive mobility network for the
ashram precinct;"
A. To conserve :
(a) to conserve the heritage and legacy of the life
and words of Mahatma Gandhian,
(b) to restore the existing heritage buildings that
were part of the Gandhi Ashram as it originally
stood,
(c) To retain and enhance the identity and
architectural language of the buildings within the
memorial.
B. To exhibit :
(a) to design and display highly informative and
curated exhibitions of the major freedom
movements and life works of Mahatma Gandhi by
utilising hi-tech and sophisticated technologies,
(b) to facilitate the Gandhi Ashram Memorial with
facilities for better administration and operations
of the Ashram, especially for the visitors.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
C. To celebrate :
(a) To inoculate an environment through design
that would celebrate the ideals, the teachings and
ensure the global resonance of Mahatma Gandhi,
(b) To develop satellite campuses as part of the
Greater Gandhi Ashram to incorporate existing
non-congruent activities outside the Gandhi
Ashram Memorial,
(c) To develop a quiet and peaceful environment
where the people can learn from and reflect upon
the life and works of Mahatma Gandhi.
88. The above said MGSAMT came to be registered as a
public charitable trust under the provisions of Gujarat Public
Charitable Trust Act, 1950 and Societies Registration Act, 1860,
pursuant to Government Resolution No.PVS-102021-381-S
dated 06.09.2021 creating the Trust with the same members of
the erstwhile Governing Council with its specified objectives,
inter-alia for facilitating and expediting the functions and
activities relating to conservation, development and
maintenance of the Gandhi Ashram Memorial.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
89. The fourth respondent also gave its in-principle consent
by communication dated 11.10.2021 for the proposed project.
Undisputeably, the first respondent did not seek or obtain any
consent from the second respondent on the premise it has no
presence of whatsoever nature in the entire project.
90. At this juncture, petitioner approached this Court by filing
present petition and this Court disposed of the petition on
25.11.2021 by placing the submission and undertaking of
learned Advocate General who had submitted that the existing
Gandhi Ashram on Sabarmati riverfront which is located on one
acre area would not be disturbed. The submission of learned
Advocate General was to the effect that importance of
Sabarmati Ashram will not be reduced but on the other hand
said project would enhance the image of ashram and it would
receive the attention at all levels by earning name and fame at
national and international level. Hence, placing said submission
on record, this writ petition came to be disposed of by order
dated 25.11.2021, which was assailed in Civil Appeal No.2660 of
2022 before the Hon'ble Apex Court and matter came to be
remitted to this Court for fresh consideration by setting aside
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
the order dated 25.11.2021 passed by this Court and directing
this Court to provide opportunity to the State to file its affidavit-
in-reply and restored this writ petition for being disposed afresh
without expressing any opinion on merits vide judgment dated
01.04.2022. As such notices came to be issued to respondents
and reply having been called for as already noticed hereinabove
has been filed by the respondents. On 25.07.2022,
comprehensive affidavit-in-reply has been filed by first
respondent - State and it is thereafter the petitioner filed a draft
amendment of pleadings to incorporate two additional grounds
and said prayer came to be allowed vide order dated 13.07.2022
and on 16.06.2022 and additional affidavit in reply came to be
filed by the first respondent which has already noticed by us
hereinabove. It is thereafter the Governing Council of MGSAMT
came to be re-constituted, whereby the representative of fifth
respondent also came to be inducted vide resolution dated
15.06.2022 (Annexure IV to Sur-rejoinder affidavit dated
25.07.2022).
91. In this background, it requires to be examined as to
what are the contours of Public Interest Litigation as has been
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laid down by the Hon'ble Apex Court. In Narmada Bachao
Andolan versus Union of India and others reported in
(2000) 10 SCC 664 it has been held that Courts cannot run the
Government nor can the administration indulge in abuse or non-
use of power and get away with it. It has been held that essence
of judicial review is a constitutional fundamental which casts a
great obligation on the higher judiciary to defend the values of
the Constitution and the rights of citizens vests with it. It has
been further held :
"230. Public Interest Litigation [PIL] was an
innovation essentially to safeguard and protect the
human rights of those people who were unable to
protect themselves. With the passage of time the PIL
jurisdiction has been ballooning so as to encompass
within its ambit subjects such as probity in public life,
granting of largess in the form of licences, protecting
environment and the like. But the balloon should not
be inflated so much that it bursts. Public Interest
Litigation should not be allowed to degenerate to
becoming Publicity Interest Litigation or Private
Inquisitiveness Litigation.
231. While exercising jurisdiction in PIL cases Court
has not forsaken its duty and role as a Court of law
dispensing justice in accordance with law. It is only
where there has been a failure on the part of any
authority in acting according to law or in non-action
or acting in violation of the law that the Court has
stepped in. No directions are issued which are in
conflict with any legal provisions. Directions have, in
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appropriate cases, been given where the law is silent
and inaction would result in violation of the
Fundamental Rights or other Legal provisions.
232. While protecting the rights of the people from
being violated in any manner utmost care has to be
taken that the Court does not transgress its
jurisdiction. There is in our Constitutional frame-work
a fairly clear demarcation of powers. The Court has
come down heavily whenever the executive has
sought to impinge upon the Courts jurisdiction.
233. At the same time, in exercise of its enormous
power the Court should not be called upon or
undertake governmental duties or functions. The
Courts cannot run the Government nor the
administration indulge in abuse or non-use of power
and get away with it. The essence of judicial review is
a constitutional fundamental. The role of the higher
judiciary under the constitution casts on it a great
obligation as the sentinel to defend the values of the
constitution and rights of Indians. The courts must,
therefore, act within their judicially permissible
limitations to uphold the rule of law and harness their
power in public interest. It is precisely for this reason
that it has been consistently held by this Court that in
matters of policy the Court will not interfere. When
there is a valid law requiring the Government to act
in a particular manner the Court ought not to,
without striking down the law, give any direction
which is not in accordance with law. In other words
the Court itself is not above the law.
234. In respect of public projects and policies
which are initiated by the Government the Courts
should not become an approval authority. Normally
such decisions are taken by the Government after
due care and consideration. In a democracy welfare
of the people at large, and not merely of a small
section of the society, has to be the concern of a
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responsible Government. If a considered policy
decision has been taken, which is not in conflict with
any law or is not mala fide, it will not be in Public
Interest to require the Court to go into and
investigate those areas which are the function of the
executive. For any project which is approved after
due deliberation the Court should refrain from being
asked to review the decision just because a
petitioner in filing a PIL alleges that such a decision
should not have been taken because an opposite
view against the undertaking of the project, which
view may have been considered by the Government,
is possible. When two or more options or views are
possible and after considering them the Government
takes a policy decision it is then not the function of
the Court to go into the matter afresh and, in a way,
sit in appeal over such a policy decision.
235. What the petitioner wants the Court to do
in this case is precisely that. The facts enumerated
hereinabove clearly indicate that the Central
Government had taken a decision to construct the
Dam as that was the only solution available to it for
providing water to water scare areas. It was known
at that time that people will be displaced and will
have to be rehabilitated. There is no material to
enable this Court to come to the conclusion that the
decision was mala fide. A hard decision need not
necessarily be a bad decision."
92. As to what would be the scope of judicial review in
respect of policy decision or economic decision taken by the
appropriate Government has been enunciated by the Hon'ble
Apex Court in the case of Balco Employees' Union (Regd.)
versus Union of India reported in (2002) 2 SCC 333 and
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held that PIL is not a pil or panacea for all wrongs. It has been
emphasized by the Hon'ble Apex Court as under : -
"78. While PIL initially was invoked mostly in
cases connected with the relief to the people and the
weaker sections of the society and in areas where
there was violation of human rights under Article 21,
but with the passage of time, petitions have been
entertained in other spheres. Prof. S.B. Sathe has
summarised the extent of the jurisdiction which has
now been exercised in following words :-
"PIL may, therefore, be described as
satisfying one or more of the following
parameters. These are not exclusive but
merely descriptive:
- Where the concerns underlying a petition
are not individualist but are shared widely
by a large number of people (bonded
labour, undertrial prisoners, prison
inmates).
- Where the affected persons belong to the
disadvantaged sections of society(women,
children, bonded labour, unorganised
labour etc.).
- Where judicial law making is necessary to
avoid exploitation(inter-country adoption,
the education of the children of the
prostitutes).
- Where judicial intervention is necessary
for the protection of the sanctity of
democratic institutions(independence of
the judiciary, existence of grievances
redressal forums).
- Where administrative decisions related to
development are harmful to the
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environment and jeopardize people's to
natural resources such as air or water".
79. There is, in recent years, a feeling which is not
without any foundation that Public Interest Litigation
is now tending to become publicity interest litigation
or private interest litigation and has a tendency to be
counter-productive.
80. PIL is not a pill or a panacea for all wrongs. It
was essentially meant to protect basic human rights
of the weak and the disadvantaged and was a
procedure which was innovated where a public
spirited person files a petition in effect on behalf of
such persons who on account of poverty, helplessness
or economic and social disabilities could not
approach the Court for relief. There have been, in
recent times, increasingly instances of abuse of PIL.
Therefore, there is a need to re-emphasize the
parameters within which PIL can be resorted to by a
Petitioner and entertained by the Court. This aspect
has come up for consideration before this Court and
all we need to do is to recapitulate and re-emphasize
the same.
97. Judicial interference by way of PIL is available if
there is injury to public because of dereliction of
Constitutional or statutory obligations on the part of
the government. Here it is not so and in the sphere of
economic policy or reform the Court is not the
appropriate forum. Every matter of public interest or
curiosity cannot be the subject matter of PIL. Courts
are not intended to and nor should they conduct the
administration of the country. Courts will interfere
only if there is a clear violation of Constitutional or
statutory provisions or non-compliance by the State
with it's Constitutional or statutory duties. None of
these contingencies arise in this present case."
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93. A faint plea has been raised by the first respondent
contending inter alia that entire petition is solely based on
conjectures and surmises and based on complete
misunderstanding and misapprehension of the object sought to
be achieved by the proposed project and as such the petition is
not maintainable. Without going into the issue relating to the
proposed project, at this juncture, we are of the considered view
that petition at the threshold cannot be dismissed on the issue
of maintainability.
94. Petitioner who is the great-grandson of the father of
nation Shri Mohandas Karamchand Gandhi is undisputeably
having connect to the Ashram, where his great-grandfather
namely the father of the Nation had started not only Satyagrah
Movement but also the freedom movement which ultimately
resulted in the securing freedom to the citizens of this country
by following path of the non-cooperation movement and
adopting non-violent methods. Several initiatives which has and
is being considered as Gandhian principles or Gandhian values
have taken birth at Gandhi Ashram and Sabarmati Ashram.
Petitioner who has established Mahatma Gandhi Foundation
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Charitable Trust to conserve writings, photos and multimedia
material of Mahatma Gandhi, Smt. Kasturba Gandhi and several
such institutions or associations, has been singularly espousing
several public cause and as such it cannot be held to have any
personal interest in espousing the cause now sought to be put
forward in the present petition, so as to nip at the bud the
present petition and as such keeping in mind the observations
made by the Hon'ble Apex Court in the above referred
judgments, we are of the considered view that present petition
filed as a Public Interest Litigation requires to be examined on
merits by entertaining the same and accordingly, we brush
aside the contention raised by the learned counsels appearing
for the respondents on the issue of maintainability and proceed
to adjudicate the writ petition on merits.
95. Now turning our attention to the core issue namely
as to whether the proposed project could alter the topography
of the ashram and thereby it would result in the philosophy,
ethos and values propounded by the father of nation would
erode has to be examined in the background of the pleadings
placed on record by way of affidavits.
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96. The bone of contention or the thrust of arguments of
petitioner is qua the nature of development work to be carried
out by the proposed project will have to be under the aegis and
guidance of respondent no. 2 as the Governing Council and
Executive Council of MGSAMT comprise of government
functionaries without any representation from respondent Nos.
2 to 7 - trusts. As a result of which, the Ashram may loose
Gandhian ethos preserved by the trust. Hence, it has been
contended that re-development, execution of the same
spearheaded by the respondent Nos. 3 to 7 trust should be
under the aegis of respondent no. 2 trust alone.
97. In this background, we are examining as to whether
the respondent no. 2 has any locus to contend that the activities
of re-development is to be under the superintendence or aegis
of respondent no. 2. Thus, it would clearly emerge from this
very stand of petitioner, two facts namely : -
(1) The petitioner would have no objection for the
re-development of the Ashram;
(2) If re-development work of Ashram were to take
place, it has to be in the manner, mode and method in
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which the respondent no. 2 proposes or in other words
it is only the respondent no. 2 who has to undertake
such re-development work.
98. The respondent no. 1 - State has categorically
contended that respondent no. 2 has no superintendence over
the Gandhi Ashram or over any other trust associated with
Gandhi Ashram namely respondent no. 3 to 7. Undisputedly,
Mahatma Gandhi established on 25.05.1915 in Kochrab area,
Ahmedabad, the first ashram and it was later shifted on
19.06.1917 to the banks of river Sabarmati. Thereafter on
02.02.1926, Mahatma Gandhi along with his nephew Maganlal
Khushalchand Gandhi formed Satyagrah Ashram vide trust deed
dated 02.02.1926 and registered the said trust on 12.02.1926. As
per the recitals of the said trust deed, the trust properties were
held in the names of Mahatma Gandhi and Maganlal Gandhi in
the capacity of trustees and as such petitioner cannot claim any
right as a legal heir and successor as they have no personal right
or share in the Trust. The administration and management of the
properties of the trust vested with the trustees. On 30.09.1933
(Annexure-C), a letter came to be written by Mahatma Gandhi to
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Shri Ghanshyam Das Birla (G.D. Birla) inter alia indicating that
all the lands belonging to the Satyagrah Ashram should be
transferred to Harijan Sevak Sangh (respondent no. 7).
However, it came to be transferred to Harijan Ashram Trust
(fifth respondent) as per the resolution passed at the trust
meeting held on 05.09.1939 which was also attended by
Mahatma Gandhi, Shri Jamnalal Bajaj, Mahadeo Haribhai Desai
and Shri Chhaganlal Khushalchand Gandhi. At the said meeting,
a resolution came to be passed to name "Satyagrah Ashram"
namely the original trust as "Harijan Ashram Trust". At the
said meeting, the trustees took note of the death of three
trustees namely Shri Maganlal Khushalchand Gandhi, Shri Imam
Sahib Abdul Qadir Bavazir and Shri Rewashankar Jagjivan
Jhaveri and in their place appointed Shri Ganesh Vasudev
Malvlankar, Shri Shankarlal Ghelalal Banker and Shri Narhari D.
Parikh as trustees. In furtherance of the same the revenue
records came to be mutated vide Annexure R1 as per the record
no. 1372 dated 20.09.1939. The remaining four trustees
Shriyuths Mahatma Gandhi, Jamnalal Bajaj, Shri Mahadeo
Haribhai Desai and Shri Chhaganlal Khushalchand Desai had
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resigned from their offices as trustees. It is thereafter the
aforesaid revenue entries came to be incorporated. Thus, it
would clearly emerge from the records that even as on 1939, the
second respondent was nowhere in the picture and the records
do not indicate the second respondent having any semblance of
right over the trust or its properties. Even according to the
petitioner as well as the respondent no. 2, it has come into
existence only after the demise of Mahatma Gandhi and
respondent no. 2 itself in its affidavit-in-reply admit that it has
come into existence post death of Mahatma Gandhi in 1948.
99. It is the consistent stand of respondent no. 3 and 5
that respondent no. 2 after development of Ashram has lost
their interest with the passage of time in the constructive work
and activities of fifth respondent. It has been specifically
contended by the fifth respondent that respondent no. 2 has not
supported respondent no.5 for preservation, restoration and
maintenance of properties as well as its activities. It is also
contended that respondent no. 2 has no authority over the
Gandhi Ashram either directly or indirectly and there is no
question of involving the respondent no. 2 in the proposed
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development project vide paragraph no. 9, 10, 11 of affidavit-in-
reply dated 29.07.2022. Likewise, respondent no.3 in its
affidavit dated 22.07.2022 has specifically contended that
respondent no.2 was formed as an umbrella organization after
the demise of Mahatma Gandhi with the primary objective to
conduct and promote manifold constructive activities with
which Mahatma Gandhi was associated. It is further contended
that 2nd respondent neither had nor has any legal right of any
nature whatsoever over the Gandhi Ashram and precincts. It is
also contended that Gandhi Ashram and precincts are
independently owned by respondent no. 3 to 7 who have sole
legal right and authority over their respective premises. In the
words of respondent no. 3 which disowns the claims of the
respondent no. 2, in its affidavit dated 29.07.2022 it has been
contended to the following effect :-
"17.1 Respondent No. 2 was formed as an Umbrella
Organization after the demise of Mahatma Gandhi,
with the primary objective to conduct and promote
manifold constructive activities with which Mahatma
Gandhi was associated.
17.2 While the respondent No. 2 was formed as an
Umbrella Organisation, it neither had nor has any
legal right of any nature whatsoever over the Gandhi
Ashram and precincts. The Gandhi Ashram and
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precincts are independently owned by respondent no.
3 to 7 who have the sole legal right and authority over
their perspective premises.
17.3 Respondent No.2 does not play any role
whatsoever in the management and affairs of the
Gandhi Ashram and precincts. The Gandhi Ashram
and precincts are managed by respondent no. 3 to 7
trusts as autonomous trusts who have absolute
independence and autonomy in running and managing
their respective premises.
17.4 The SAPMT does nto receive any financial
assistance or aid from the Respondent No.2 - Gandhi
Smarak Nidhi. Only till 1959, various recurring and
non-recurring expenditure of the SAPMT were met by
the Respondent No.2, but thereafter the SAPMT has
been financially independent. The SAPMT manages
the SAPMT premises absolutely independently of
Respondent No.2. No development, restoration or
conservation activity of the Gandhi Ashram
subsequent to this period has involved Respondent
No.2 in any way. "
100. 5th respondent has also taken similar plea in its
affidavit dated 09.07.2022, contending inter-alia that 2nd
respondent has not supported it for preservation, restoration
and maintenance of properties as well as its affidavit. It has
been pleaded to the following effect :
"9. I say and submit that the respondent no.2 after
development of Ashram had lost their interest with
the passage of time in the constructive work
activities of the SHAT. The respondent No.2 has not
supported SHAT for preservation, restoration and
maintenance properties as well as its activities.
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10. I respectfully state and submit that SHAT has
independent ownership or lessee of autonomous
Trusts i.e. Respondent No.3 to 7 who have the sole
legal right and authority over their respective
premises. It is further submitted that the respondent
No.2 Gandhi Smarak Nidhi has no authority over the
Gandhi Ashram either directly or indirectly, and thus
there is no question of involving the respondent No.2
in the development of proposed project. It is further
submitted that the SHAT is having the sole
ownership and occupancy right of the aforesaid
lands mentioned hereinabove and they are the
custodians of the said land and they only have the
right to grant sanction for any development project
on the aforementioned lands.
11. In the light of the aforesaid facts and
submissions, the SHAT respectfully states and
submits that SHAT was the parental trust formed by
Mahatma Gandhiji of which the respondent No.3 to 7
are decentralized trusts which are formed
subsequently as per the requirement, which arose
with the passage of time. I further say that it is the
moral, social as well as the spiritual endeavor of the
SHAT to carry forward the Gandhian ethos to the
next generation vis-a-vis it is also required to adopt
the technology as well as development with the
changing time and needs and therefore, SHAT is
agreeable in principle for the development of
proposed project of MGSAMT with a motive of larger
good in order to ensure that the Gandhian ethos and
values may reach to the various parts of the world. It
is further submitted that SHAT is a trust which is
doing constructive works for the management and
development of Gandhi Ashram since inception and
subsequently other decentralized and integrated
trusts have also contributed in said constructive
works and they are the ones who had kept the
essence of Gandhian ethos and values alive today by
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imparting various overall constructive development
activities in Gandhi Ashram and hence, it is
expected from the respondent No.1 that the active
role and participation of the SHAT is required in the
proposed project of MGSAMT."
101. It is also pertinent to note at this juncture that petitioner
has been taking inconsistent stand. In his affidavit-in-rejoinder
at paragraph no.7, petitioner has contended that over the years,
there has been devolution of certain portions of the ashram land
to organizations which work in consonance with Gandhian ethos
and said devolution was done by fifth respondent as per the
needs arising and any decision regarding the ashram properties
must be sanctioned and carried out only by fifth respondent -
trust as it remained the sole custodian of the property by relying
upon a communication dated 30.09.1933 by Shri Mohandas
Karamchand Gandhi to G.D. Birla. However, in paragraph 12 of
the very same affidavit of rejoinder, petitioner contends that
second respondent was constituted and given the responsibility
of becoming the custodian of Gandhi legacy by contending
through a registered deed, the second respondent had
transferred the plot of land measuring 4.5 to 5 acres to the third
respondent, whereas the deed of property dated 28.01.1952
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which was duly registered before the jurisdictional office of the
Sub-Registrar, 5 acres of land i.e. measuring 34,120 sq. yds. in
Survey No. 512/P, 524/P, 561/P came to be transferred by fifth
respondent in favour of respondent no.3. Thus, contention of the
petitioner that second respondent has any legal right over the
ashram land would not only be devoid of merits but also does
not have any legs to stand.
102. Again in one breath, petitioner contends that
respondent no. 2 was the sole custodian of the ashram
properties and by amendment of pleadings incorporated on
13.07.2022 petitioner has contended that any development work
on Sabarmati Ashram is to be done on instructions from the
Harijan Sevak Sangh - respondent no. 7.
103. The records on hand would disclose that the
respondent no. 5 was the custodian of the entire ashram
properties and through various documents by different
transactions, the property of the ashram has been transferred to
respondent no. 3, 4, 6 and 7 by the fifth respondent and
accordingly it has been recorded in the revenue records as is
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evident from the Annexure - R5 (referred to in affidavit-in-reply
filed on behalf of fifth respondent). Hence, two prime
contentions raised by the petitioner would fall to the ground not
only on merits but also on the basis of the pleadings of
petitioner himself. Even according to the communication dated
30.09.1933 written by Mahatma Gandhi to G.D. Birla, it would
clearly indicate, suggest that only conclusion that has to be
drawn is: father of the nation after consulting friends and co-
workers had arrived at a conclusion that best use to make of
ashram was to dedicate it to the services of Harijans once and
for all. It would be apt and appropriate to note the contents of
the letter dated 30.09.1933 and it reads : -
"43. LETTER TO S.D. BIRLA
SATYAGRAH ASHRAM WARDHA
SEPTEMBER 30, 1933
DEAR GHANSHYAMDAS
As you are aware, the 'Satyagrah Ashram' grounds
with the buildings in Sabarmati were abandoned on
the 1st of August last by the ashram people. I had
expected that the Government would, in view of my
letter addressed to them, take charge of this
abandoned property, but they did not to do so. It
then became a question with me as to what was my
duty in the circumstances. I felt that it was wrong
altogether to allow the valuable buildings to waste.
I consulted friend and co-workers and came to the
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conclusion that the best use to make of the ashram
was to dedicate it once for all for the services of the
harijans. I placed my proposal before the trustees
of the ashram who are out, as also fellow members.
They have, I am happy to say, whole-heartedly
approved of it. When the property was abandoned
there certainly was the expectation that some day,
whether through an honourable settlement or India
coming to her own, the trustees would resume
possession. Under the new proposal, the trustees
divest themselves entirely of the property. This
procedure is permissible under the trust - deed
service of the harijans being one of the objects of
the trust. Therefore the new proposal is wholly in
keeping with the letter and spirit of the constitution
of the ashram, as also of the trust. The question
that the trustees and I had to consider was. To
whom was the property to be transferred for the
specific use I have mentioned : and we came
unanimously to the conclusion that it should be
transferred to the all India Harijan organization for
all-India use. The objects of the trust are : (i) to
settle on the ashram ground approved harijan
families subjects to regulation to be framed : (ii) to
open a hostel for harijan boys and girls with liberty
to take non - harijans; (iii) to conduct a
technological department for teaching the art of
skinning carcasses, training the hide so obtaining,
curing it and manufacturing leather so prepared
into shoes, sandals and other articles of daily use;
and lastly, to use the premises as offices for the
central board or the Gujarat provincial organization
or both, and such other allied uses that the
committee, referred to in the following paragraph,
may thing proper.
On behalf of the trustees, I suggest that the
servants of untouchables society appoint a special
committee with yourself and the Secretary as ex-
officio members, and three Ahmedabad citizens,
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with power to this committee to add to their
numbers, to take over this trust and to give effect to
its objects.
Two friends who have been always associated with
the ashram, viz. Sjts. Budhabhai and Juthabhai,
have offered to reside on the premises as honorary
mangers. They have their own means and have
been devoted to the services of the harijans for a
long time. There is also an inmate' of the ashram,
who has dedicated his life to harijan services, and
who will gladly stay on the premises. He has
almost become a specialist as a teacher of harijan
boys and girls. The committee, I have suggested,
therefore, should have no difficulty on managing
the trust; nor is it necessary that all the activities I
have mentioned should be simultaneously and
immediately undertaken. Some harijan families as
you are aware, and already living there. It has long
been a dream of members of the ashram to
establish a colony of harijan families, but beyond
having a few of them we were also conducted there.
Manufacture of sandals was going on up to the time
of disbandment. The building contain a spacious
hostel easily accommodating 100 boarders. It has a
fairly big weaving shed and others buildings
exceptionally fitted for the uses I have named. The
property contains 100 acres. I venture to say,
therefore, that the site is none too large for the
fulfillment of the objects mentioned, but it is large
enough for the response that may be reasonably
expected for some time to come. I hope that the
society will have no objection no accept the offer of
the Bhagvanjipurushottam Pandya who had left
Burma to settle in the ashram
LETTER TO A TMAS. KAMALANI 43
Trustees and to take over the responsibility implied
the acceptance.
Sjt. GHANSHYAMDAS BIRLA
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
PRESIDENT
YOUR SINCERELY
M.K. GANDHI
SERVANTS OF UNTOUCHABLES SOCIETY
BIRLA MILLS DELHI
C.W. 7937. COURTESY : G.D. BIRLA
(from collected works of Mahatama Gandhi : Vol. 56
pages 41.42 & 43)"
104. It is by virtue of this power and authority given to the fifth
respondent, the entire ashram property vested with respondent
no.5 which in turn divided it amongst other trusts namely : -
(1) Sabarmati Ashram Preservation and Memorial
Trust - third respondent
(2) Khadi Prayog Samiti - fourth respondent
(3) Harijan Ashram Trust - fifth respondent
(4) Sabarmati Ashram Gaushala - sixth
respondent
(5) Gujarat Harijan Sevak Sangh - seventh
respondent
(6) Gujarat Khadi Gyamudyog Mandal
105. The respondent no. 3 was established by Shri Sardar
Vallabhbhai Patel along with various eminent personalities with
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a view to preserve and maintain ashram buildings, wherein
Gandhiji resided and said trust came to be registered under the
Bombay Public Trust Act and so also the fifth respondent.
Affidavit-in-reply filed by fifth respondent is in line with the
stand taken by the first respondent namely it is contended that
Mahatama Gandhi left Satyagrah Ashram for "Dandi" for the
sake of salt movement with a vow to never return to Satyagrah
Ashram until freedom of India is not achieved and it is
thereafter by communication dated 30.09.1933 addressed to
G.D. Birla, Mahatma Gandhiji appealed to Ashramites to join
Satyagrah movement and decided to handover the entire
ashram to British Government who refused to take ownership
and management of the Ashram. It is also clearly stated by the
fifth respondent in its affidavit that Satyagrah Ashram was
renamed as Sabarmati Harijan Ashram Trust and fifth
respondent in its affidavit by way of resolution dated
05.09.1939, has also admitted that new trustees were inducted
and additional aims and objectives of the trust were introduced
for better functioning and development of the trust. It is after
the death of Mahatma Gandhi, fifth respondent was formally
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
registered on 25.09.1952 with the office of the Charity
Commissioner, Ahmedabad vide registration no. A-192
(Annexure R5/3 referred to in affidavit of the fifth respondent
dated 29.07.2022).
106. It is further stand of the fifth respondent that
Mahatma Gandhi believed in decentralization to facilitate the
constructive work through multiple entries in the integrated yet
decentralized forms keeping the larger good in perspective, five
different trusts i.e. respondent Nos. 3 to 7 with the permission
of Charity Commissioner, the resolution in this regard was
passed by the trusts vide the Annexure R5/5, which would
indicate as to how, pursuant to the said resolution, the transfer
of the land has taken place on different dates, whereby the fifth
respondent has transferred the lands to respondents Nos. 3, 4, 6
and 7 as well as Gujarat Khadi Gramodhyog Mandal. The most
important and which can be called the heart and soul of the
case according to first respondent and rightly so, rest on
consent or in-principle approval accorded by the respondent
Nos. 3, 4 and 5 for the proposed development project which
would allay the apprehension expressed by the petitioner. We
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
are of the considered view that instead of delving upon the said
in-principle approval given by these respondents as stated by
them in their affidavits being discussed, it would be apt and
appropriate to extract the plea of these respondents as pleaded
in their respective affidavits giving in-principle approvals by
them for the special project or in other words, where the
respondent Nos. 3, 4 and 5 have accorded their consent for the
subject project being undertaken by first respondent. The said
plea put forward by respondent Nos. 3, 4 and 5 in their
respective affidavits are as under : -
RE: IN-PRINCIPLE APPROVAL ACCORDED BY THIRD
RESPONDENT
"10. At this juncture, I state that the SAPMT in-
principal favours the proposed project of Gandhi
Ashram Memorial and Precinct Development. The
SAPMT believes that both the petitioner as well as
the respondent no. 1 have a common intention to
redevelop the Gandhi Ashram and its precincts
strictly in accordance with Gandhian ethos so as to
make the larger premises of approximately 55 acres
more accessible to public and to better sustain,
cultivate and promote the legacy of Mahatma Gandhi
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
and the ethod of this space for the present as well as
future generations. SAPMT in-principal agrees with
such an intention.
12. The SAPMT has communicated its in-principal
consent to the respondent no. 1 vide letter dated 20
July, 2021 addressed to the Chairman of the
Executive Council of the Gandhi Ashram Memorial
and Precinct Development Project, which letter is
annexed hereto and marked as Annexure - F."
RE: IN-PRINCIPLE APPROVAL ACCORDED BY
FOURTH RESPONDENT
"14. It is humble say and submission of R4 that letter
dated 20.09.2019 was notified from the office of the
Khadi & Village Industries Commission, Gujarat
Regional Branch, Ahmedabad intimating about the
"Project leily to be carried out by the authorities
stated at Sr. No. 8 & 9 (i.e. R8 & R9) for which our
orgnisation was requested to co-operate and
accordingly a meeting of the "trustees" dated
26.09.2019 resolved to co-operate the authorities. A
copy of the letter issued to Khadi Gramodhyog Ayog
(K&VIC) Ahmedabad annexed hereto and marked as
Annexure K5 collectively.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
15. I have further to submit that negotiations &
conversations regarding the land parcels bearing
Survey Nos. 886 + 89004 (Approx. 18450 sq. mtr.) &
Plot No. 704/2 Approx admeasuring 5130 sq. mtrs.
Have been accorded and are finalised. The works of
the Khadi Gramodhyog Prayog Samiti shall carry to
continue in furtherance of its objectives from the
23580 sq. mtrs. plot situated in Ranip area which is
suitable for the trust. The said negotiations are
undertaken by the consensus of the trust.
16. I state that our organisation is joined as party
respondent no. 4 in pursuance to the directions of the
Hon'ble Supreme Court of India, and as such our
organization is established based on the philosophy of
Mahatma Gandhi, and the restoration project will also
conserve, exhibit and celebrate Gandhiji's life, values,
work and philosophy and therefore our organization
has no objection for the proposed project.
Furthermore, all the stakeholders including
Ashramwasi and all the trusts running based on
Gandhian philosophy, including the respondent no. 4
have co-operated for the project and this project is an
important step for restoring Gandhian principles,
values and philosophy."
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
RE: IN-PRINCIPLE APPROVAL ACCORDED BY
FIFTH RESPONDENT
"5. At this juncture, I state that the SHAT in
principle agrees with the proposed project of Gandhi
Ashram Memorial and precinct Development (for
short "MGSAMT"). I further state that Ashram,
abode of Baa- Bapu and Ashramites, who dedicated
their livers, became the center of freedom movement
right from the beginning. It is to be noted that the
objective of the Sabarmati Ashram is that its
members should qualify themselves for and make a
constant endeavour towards the service to the nation,
which is consistent with the intention of universal
good. It is further submitted that thousands of
people from all walks of lives are attracted to this
temple of humanity that brings alive the spirit of
universal good through Baa - Bapu and Ashramites
embodiment of eternal values such as Truth, Non-
violence, compassion and non-cooperation with
passive resistance. It is submitted that Ashram is the
reminder of the sacrifice, penance of millions of
freedom fighters and common people who
participated towards building the nation. Even today,
thousands of people visit this simple yet humbling
abode with curiosity, many come here as tourists but
leave as pilgrims."
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
107. In light of the aforestated facts, it has to be
necessarily concluded that under Government Resolution dated
05.03.2021, the Governing Council and Executive Council is
constituted with the sole object of developing Gandhi Ashram
Memorial and precincts. Said Governing Council consist of
Hon'ble Chief Minister of Gujarat, The Chief Secretary, the
Chief Principal Secretary of the Hon'ble Chief Minister of
Gujarat, two parliament members, Additional Chief Secretary,
Urban Development and Urban Housing Department, Principal
Secretary Tourism Devsthan Management, Civil Aviation and
Pilgrimage, Municipal Commissioner, Ahmedabad, Collector,
Ahmedabad, Prominent National Level Gandhians and
representatives of respondent Nos. 3, 4, 5 and 6 trust.
108. The role of the Governing Council as indicated
thereunder is to guide the development works of the project by
ensuring smooth coordination between the Central Government,
State Government, Urban Local Body and formal and informal
stakeholders of the project. It envisages : -
To plan, appraise, approve, release funds to executing
of the SPV
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
To negotiate and form guidelines for the functioning of
the SPV
To provide dedicated and substantial revenue stream to
the SPV so as to make it self-sustainable
To appoint consultants for the preparation of various
stages of design and planning for the projects.
To approve and sanction the design prepared by the
consultants.
The role of the Executive Council is to ensure seamless
coordination between the Governing Council and the
implementation arm which comprises of the Ahmedabad
Municipal Corporation and the Sabarmati Riverfront
Development Corporation Limited, Ahmedabad. The role
of Executive Council is to implement the guidelines
formulated by the Governing and Executive Council.
109. Thus, it appears that State Government intends to
implement its vision for comprehensive development of "Gandhi
Ashram and Memorial and Precincts Development Project" in all
its earnestness. The avowed object of the State is to ensure that
Gandhian values, ethos and principles are propagated in a
scientific manner with congenial atmosphere or environment so
as to meet international standards and thereby such steps taken
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
by the State would not only ensure there is larger visitation of
Gandhi Ashram by domestic population but it would also attract
citizens from other countries. Establishing such Ashram would
inspire the human race to follow the footsteps of father of the
nation by attempting to adopt the principles preached and
practiced by the father of the nation. In fact none of the
respondents have opposed this project and on the contrary
respondent Nos. 3, 4 and 5 have accorded their in-principle
approval and have requested respondent no. 1 to take the
project forward so as to ensure Gandhian values would spread
far and wide for the benefit of mankind. The involvement of the
Governmental agencies and/or or its officers would not only
ensure proper coordination but would also ensure there is
channelization of different works in furtherance of this object
and it also ensures that project envisaged would be completed
in time bound manner and its maintenance and upkeep would
be under constant vigil and monitoring by the authorities and
respective trusts which hitherto are managing the properties
and there being any slackness in the helm of affairs, the
representative of respective trust would not only bring it to the
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
notice of the Governing Council, but would also voice their
grievance and ensure Gandhian work is being taken forward
through this project.
110. The Government Resolution dated 15.06.2022 would
indicate that Governing Council of MGSAMT came to be
reconstituted whereunder representatives of respondent Nos. 3,
5 and 6 came to be appointed as Members of the Governing
Council and thus, it has resulted in practically all the
respondents having agreed for the commencement of the
proposed project. It would not be out of context to refer at this
juncture that learned Advocate General had sought leave of the
Court to exhibit the videograph of the compact disk produced
along with affidavit-in-reply at Annexure R-4 in the open Court
and as such this Court had called upon the Registrar, I.T. Cell to
make arrangements for the same and accordingly it was
exhibited in open Court on 30.08.2022 in the presences of all
the learned advocates.
111. It was clearly shown in the said virtual display about
the steps taken hitherto, proposed steps to be taken and the
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
manner in which the re-rehabilitation of the existing inhabitants
of the Ashram are being relocated including shifting of the said
persons to a newly constructed four bedroom apartments which
buildings are ready for being occupied. Few of the proposals
which were depicted in the virtual hearing are as follows : -
(a) As has already been referred to in paras 10.2
and 14.5 of affidavit-in-reply dated 26.04.2022, the
Chandrabhaga rivulet, which is presently a nalla is
to be developed as a pleasant urban waterway.
(b) Furthermore, the proposed project envisages
new museums and exhibition centres to enable
visitors to learn more about Gandhian history and
philosophy.
(c) in addition to the above, augmented facilities
that are necessary such as cafeteria, parks and
other amenities will be developed.
(d) In addition to the above, noise from traffic on
Ashram road hampers the Ashram's environment
because of which, it is necessary to divert the
Ashram road to go around the expanded Ashram.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
(e) Further, a dedicated parking lot will also be
constructed as due to lack of space, vehicles are
required to be parked in the proximity of Hriday
Kunj, and Udhyog Mandir, which vitiates the
Ashram's sanctity.
(f) Presently, Gandhi Ashram as it stands today
receives 10 lakhs visitors annually, but after the
implementation of the proposed project, the
numbers of visitors are expected to increase.
(g) About 260 families of Ashramwasis/ long term
tenants residing within the Gandhi Ashram
Memorial to be rehabilitated with consent, with the
following options :
(i) Ownership of 4BHK flat in prime locality of
Ahmedabad, i.e. Naranpura; or
(ii) 3BHK Tenement in "Ashram Housing
Campus" in an area adjacent to the Gandhi
Ashram Memorial, within the SPD Zone; or
(iii) A generous one-time monetary
compensation of 60 lakhs.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
112. In conclusion, this Court has to necessarily hold that
the proposed project would not only promote the ideas and
philosophy of Mahatma Gandhi which would for the benefit of
society and mankind at large. The said Gandhi Ashram would be
a place for learning for all age groups. The proposed plan of
action as demarcated in the plan Annexure 5 appended to the
affidavit dated 25.07.2022 would clearly indicate the existing
and proposed Gandhi Ashram. In fact respondent No.1 has
assured this Court that the project envisaged to be carried out
would be with the consent, cooperation and guidance of
respondent nos.3 to 7 the trust and such assurance has got
fortified by ensuring the representations of the respondent -
trust, as noted hereinabove having been included as Members
while constituting the Governing Council. In fact the manner in
which the restoration of the Ashram is to take place has been
entrusted to the third respondent by calling upon it to furnish
the "concept note" regarding maintenance of Gandhi Ashram
as it presently stands and the research work of the same is
being carried out by the Gujarat Vidhyapith in association with
respondent no.3 which is an institution established by Mahatma
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Gandhi himself. By responding to the said request made by the
Chairman of the Executive Council of the third respondent by
communication dated 13.12.2021 vide Annexure IX (appended
to the affidavit dated 25.07.2022 filed by first respondent as
Sur-rejoinder) has forwarded the concept note prepared by it.
113. Respondent no.1 in its affidavit dated 25.04.2022 has
stated proposed project will not alter the topography of the
Gandhi Ashram and will not go against Gandhian ethos of
simplicity and frugality. It has been further contended as under:
"10.1 It is the petitioner's fear that the proposed
project will 'change the physical structure of the
ashram and corrupt its pristine simplicity and
frugality that embodies the ideology of Gandhiji and
make the same diametrically opposite to the Gandhian
ethos of simplicity and frugality'. I respectfully say
that the so-called fear of the petitioner is without any
sound basis and is based on a complete
misunderstanding of the objectives of the project, that
the Gandhi Ashram is to be developed in a manner,
that it can aptly reflect the real sense as to how the
Ashram was like when Gandhiji was living there.
Further, the project seeks to restore the original
buildings of the Ashram, most of which are in
dilapidated condition. The idea of the proposed
project is to ensure that the Gandhian ethos can be
kept alive and nurtured for the benefit of the present
as well as the future generations. The Gandhi Ashram
outside the 5 acre land, is in no way a testament of
the Gandhian ethos of frugality or simplicity. In fact,
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
the Gandhian ethos of frugality and simplicity will be
highlighted more by the proposed project.
10.2 Moreover, merely because necessary facilities
such as a cafeteria and parking are envisaged in the
proposed project, does not in itself mean that the
Gandhi Ashram will lose its essence. It is difficult to
fathom why the petitioner has an objection with the
Gandhi Ashram to be made as a world-class museum
and a tourist destination, when the same would mean
that the philosophy, teachings and life work of
Gandhiji will reach a large audience and will be
preserved in the best possible manner. Today, the 5
acres entrusted to SAPMT is identified as Gandhi
Ashram which houses 11 original Ashram buildings
out of 63. Out of the said 11 buildings, only 3 are
open for visitors. The facilities therein are not
sufficient and engaging enough for visitors.
Moreover, the rest of the Ashram land is fragmented
and utilized for varied purposes. The proposed project
seeks to undo the said fragmentation and bring to life
the essence of Gandhi Ashram as it originally stood. In
view thereof, the 5 acre campus is to be expanded to
55 acres so as to include all 48 original Ashram
buildings. The Chandrabhaga rivulet, which is
presently a nalla is to be developed as a pleasant
Urban waterway. The Gandhi Ashram as it stands
today lacks various amenities necessary for visitors,
which will be provided for. Thus, the project seeks to
recreate the Ashram with its tranquil environment,
while preserving the Gandhian ethos and at the same
time, developing it as a place of learning and
information about Mahatma Gandhi's life. I respectful
y say that as a descendant of the Father of our Nation,
it is expected of the petitioner to take pride in the fact
that extensive and sincere efforts are being made to
preserve the legacy of Gandhiji, instead the petitioner
has only exhibited discontent for no sound reason.
10.3 I respectfully say that therefore, the proposed
project will not change the topography of the Gandhi
Ashram, but will recreate and revive the Gandhi
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Ashram as it originally stood while accentuating its
frugality and simplicity coupled with its calm and
tranquil atmosphere.
13. I respectfully say that the contentions raised by
the petitioner in the entire captioned petition, are
belied in view of the fact that a sincere effort is being
made by Respondent State to develop the Gandhi
Ashram as it originally stood, and the said exercise is
to be done with the guidance of Respondent nos.3 to 7
Trusts. I respectfully say that the petitioner has made
a disconcerted effort and made frivolous averments,
for the sake of it, to malign the proposed project and
has painted a distorted picture, without any sound
basis."
114. In the affidavit-in-sur-rejoinder dated 25.07.2022 filed by
1st respondent, it is contended as under:
"6. I respectfully say that the petitioner has averred
that by way of the proposed project, institutions like
the respondent no. 4 - Khadi Prayog Samiti and
Kalam Khush will be displaced which will result in
disruption of their activities and the same may be
irreparably lost. Further, the petitioner has averred
that the Vidya Mandir School is being closed down
and relocated due to the redevelopment project, as a
result of which students are bound to drop out.
Therefore, the petitioner contends that in the name of
redevelopment of what is popularly known as Gandhi
Ashram, the proposed project makes a mockery of the
Gandhian ideal of Antyodaya. In this regard, I
respectfully say that the contentions of the petitioner
have no sound basis and are based completely on
conjectures and surmises. In this behalf, I beg to
state as under : -
a. I respectfully state that so far as respondent no.
4 - Khadi Gramudyog Prayog Samiti is concerned, its
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
buildings are not falling within the area of 5 acres of
the Gandhi Ashram as it stands today, but fall within
the area of 55 acres meant for 'Gandhi Ashram
Memorial'.
b. I further state that Kalam Khush is one of the
activities undertaken by a trust called "Gujarat Khadi
Gramodhyog Mandal", which has not been impleaded
in the captioned proceedings and the said building
along with its premises also do not form a part of the
5 Acre Gandhi Ashram as it presently stands. Neither
does it form part of the proposed 55 Acre memorial
campus.
c. With the due permission and consent of the
Gujarat Khadi Gramodhyog Mandal, the proposal
project has been planned to promote Khadi and other
activities by developing the entire campus in a way
that informs and illuminates the working of Khadi
Weaving, Charkha Making, Handmade Paper Making,
Soap Making, etc. By incorporating working models
thereof. Thus, the proposed project seeks to elevate
the activities of Gujarat Khadi Gramodhyog Mandal
with the consent and additional support by Khadi and
Village Industries Commission.
d. Importantly, vide Government Resolution No.
PVS-102021-381-S dated 24.03.2022 (Annexure-R3 @
pg. 152), one of the trustees of the said trust, Shri
Malji Bhai Desai is a Member of the Governing
Council of MGSAMT. At this juncture, it may be
pertinent to note that most of the visitors are unaware
of the varied work carried out in the campuses like
Kalam Khush. Therefore, with a view to preserve and
promote teh same, the proposed project shall directly
link the Kalam Khush Campus with the Memorial
Campus. As a result, the Kalam Khush campus would
be a source of inspiration to each and every aspirant
visiting the Ashram. The proposed project envisages a
platform not only for the entrepreneurs associated
with the segment of handmade crafts but to every
entrepreneur and daily visitors. The proposed project
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
seeks to promote Kutir Udhyog as one of the ideals of
Gandhi across the globe and it also proposes to
develop a museum shop for all the trusts affiliated
with Khadi, Village or Kutir Udhyog.
e. With respect to Vidya Mandir, I respectfully say
that the proposed project does not intend to close
down the school, or any other educational institution
with the 55 Acre Memorial Campus. On the contrary,
the project proposes to create a dedicated
Educational Campus befitting to Gandhian ideologies,
whereby the said Educational Campus shall not only
house the Vidya Mandir School, but many other
similar educational buildings. The said Educational
Institutions are being run by the respondent no. 5 -
Harijan Ashram Trust. The project has received an in-
principle consent on the project from the respondent
no. 5 Trust and pertinently, the Trustee of the
respondent no. 5 - Harijan Ashram Trust, is the
member of the Governing Council of Mahatma Gandhi
Sabarmati Ashram Memorial Trust vide Government
Resolution No. 102021-381-S dated 15.06.2022. At
this juncture, I may state that the Educational
Campus envisaged in the proposed project will only
raise the experiential standard of education of the
students with the ideals and ethos of Mahatma Gandhi
and will be to their advantage.
7. I respectfully say that in para 7 of the affidavit-in-
rejoinder, the petitioner first states that Respondent
No. 5 - Harijan Ashram Trust is the 'sole custodian of
the property'. However, subsequently in para 12, the
petitioner goes on to contend that respondent no. 2 -
Gandhi Smarak Nidhi legally through a registered deed
transferred the 4.5/5 acre plot of land to respondent
no. 3 - SAPMT, establishing the fact that respondent
no. 2 - Gandhi Smarak Nidhi had legal
custodianship/ownership right on the Ashram land.
Thus, on the fact of it, the contents of entire affidavit-
in-rejoinder lack in substance insofar as the petitioner
takes a particular stand in one paragraph and takes a
diametrically opposite stance in the other paragraph.
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
Nevertheless, with respect to the afore-stated
contention, I most humbly state that, based on the
available record dated 24.01.1952, the land and other
immovable properties admeasuring approximately
34120 sq. yds. were transferred to respondent no. 3 -
SAPMT by respondent to No. 5 - Harijan Ashram Trust.
In view thereof, the contention that Gandhi Smarak
Nidhi has any legal right on the Ashram land is devoid
of merits. At this juncture, it may be stated that the
petitioner does not appear to be certain as to which
trust is the sole custodian of the Ashram land because
in the memo of the captioned petition, it was contended
that respondent no. 2 - Gandhi Smarak Nidhi was the
sole custodian, whereas in the draft amendment dated
26.04.2022, it was contended that the respondent no. 7
- Harijan Sevak Sangh was the sole custodian.
However, at the cost of repetition it may be stated that
the Ashram lands admeasuring approximately 120
acres were legally transferred to respondent no. 5 -
Harijan Ashram Trust, which had complete authority
over said lands. It was in exercise of the said authority,
that the lands came to be transferred / leased to
respondent no. 3 to 7 trusts for varied uses. Therefore,
in reality, neither respondent no. 2 - Gandhi Smarak
Nidhi nor respondent no. 7 - Harijan Sevak Sangh are
sole custodians of the Ashram Land or have any
authority or decision making power in respect of the
same."
115. We do hope and trust the assurances made to the Court
by respondent No.1 in its affidavits dated 25.04.2022 and
25.07.2022 would not only be followed in its letter and spirit but
would also implement the same in right perspective by ensuring
Gandhian ideals are well preserved, nurtured and spread across
the Globe by receiving the inputs from such quarters as it
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
deems fit in furtherance of the avowed object with which the
project has been conceived.
116. Hence, we are of the considered view that the
apprehension expressed by the petitioner would stands allayed
for the reasons indicated hereinabove and by placing the
submission and undertaking of the learned Advocate General on
record which is to the effect that the existing Gandhi Ashram
located in an area of five acres would not be disturbed or
altered and/or changed, the petition stands disposed of by
rejecting the prayer of the petitioner for quashing of the
Government Resolution dated 05.03.2021. Hence, point
formulated is answered in the negative. This Court places on
record the valuable assistance rendered by the learned
advocates appearing for the parties and addressing erudite
arguments in a time bound manner. We make no order as to
costs.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
BHARAT/GAURAV/AMAR
