The Supreme Court today remitted the matter challenging the Government Resolution of the State Government of Gujarat to redevelop the Sabarmati Ashram and its adjoining areas back to the High Court of Gujarat.
The Bench comprising of Justice D. Y. Chandrachud and Justice Surya Kant heard the matter.
Senior Advocate Indira Jaising appearing for the petitioner Tushar Gandhi submitted to the Court that she would be adding a few issues regarding the inclusion of trusts in the matter on the ground that the entire issue of redevelopment falls within the mandate of the trusts and it is the responsibility of the trust to keep the legacy alive. Adding to this she stated that she would be raising some questions of law as well before the High Court. Jaising also submitted that the matter should be heard expeditiously.
Solicitor General Tushar Mehta appearing for the Respondents concurred with the submission regarding the expeditious hearing and submitted that, "I undertake to request the High Court to take up the matter on a priority basis."
The Supreme Court in its order observed that the Gujarat High Court had previously heard the matter summarily and had not allowed the Government of Gujarat an opportunity to file a detailed affidavit. The Apex Court has directed that the High Court should hear the matter afresh and adjudicate on the issue after hearing the parties
Tushar Gandhi had moved the Apex Court against the order of the Gujarat High Court which dismissed his petition against the resolution of the State Government of Gujarat dated 5th March 2021 to redevelop Sabarmati Ashram at an estimated cost of 1200 crore. The matter was mentioned before the Bench headed by the Chief Justice of India N. V. Ramana who had agreed to list the matter before an appropriate bench.
Tushar Gandhi had contended that the decision of the Gujarat State Government is against the will of Mahatma Gandhi. Tushar Gandhi also stated that the renovation may tamper with the structure of the Ashram which embodies the simplistic ideologies of Mahatma Gandhi. The High Court of Gujarat had dismissed the matter refusing to quash the resolution of the State Government of Gujarat.