SC sets aside Gujarat HC order on plea against redevelopment of Sabarmati Ashram

The plea claimed the decision to redevelop the Ashram into a 'world class museum' was diametrically opposed to Mahatma Gandhi's personal wishes

The Supreme Court on Friday asked the Gujarat High Court to re-examine a plea by Mahatma Gandhi's great-grandson Tushar Gandhi challenging a decision by the state government to redevelop the Sabarmati Ashram and adjoining areas in Ahmedabad at the estimated cost of Rs 1200 crore.

A bench of Justices D Y Chandrachud and Surya Kant restored the matter to the High Court for decision on merits, while setting aside the order of November 25, 2021, which "summarily dismissed" the PIL.

Senior Advocate Indira Jaising, appearing for the petitioner and Solicitor General Tushar Mehta, representing the Gujarat government, agreed that the matter can be sent back to the High Court.

Mehta contended the state government would file a written response before the High Court, which would dispel all "unverified apprehensions" by the petitioner.

He contended the intention was to retain, protect and preserve the sanctity of Mahatma Gandhi.

He submitted that the area comprising Mahatma Gandhi's Ashram was only five acres but the real ashram land was 300 acres. He submitted that the five-acre land was not to be touched but only two-thirds of the buildings that were dilapidated required reconstruction.

He also said that there were encroachments that needed to be removed.

The petitioner, for his part, contended the redevelopment work should be in the domain of the trusts, including of National Gandhi Smarak Nidhi, Sabarmati Ashram Preservation and Memorial Trust, Khadi Gramodyog Prayog Samiti, Harijan Ashram Trust, Sabarmati Ashram Goshala Trust, Harijan Sevak Sangh and their response in the matter was to be taken on record.

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The High Court had declined to quash the Industries and Mines Department's order of March 5, 2021, by which a governing and executive council was formed for the purpose of comprehensive development of the Gandhi Ashram Memorial.

The plea claimed the decision to redesign and redevelop the Ashram to make it into a "world class museum" and "tourist destination" was diametrically opposed to Mahatma Gandhi's personal wishes, as per his written instruction of September 30, 1933.

It also said that the project will change the physical structure of Sabarmati Ashram and corrupt its pristine simplicity which embodied the ideology of Gandhiji. The ashram may lose the Gandhian ethos with the execution of the project, it said.

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