Case Title: Tushar Arun Gandhi Vs State of Gujarat & Ors
The Supreme Court on Friday agreed to hear a special leave petition, next week, filed by Mahatma Gandhi's great- grandson Tushar Gandhi. The Petition has Challenged the Gujarat High Court's order dismissing his petition against Gujarat government's decision to redevelop Sabarmati Ashram in Ahmedabad at the estimated cost of 1, 200 crore.
A Bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice CT Ravikumar directed the matter to be listed after a request for urgent listing was made by Senior Advocate Indira Jaising.
The High Court through the impugned order had also refused to quash the Government Resolution dated 05.03.2021 issued by the Industries and Mines Department, for the purpose of comprehensive development of the Gandhi Ashram Memorial.
The present petition has stated that the Government of Gujarat through its 2019 order publicized their intent to redesign and redevelop the said Ashram to make it into a "world class museum" and "tourist destination".
The Petitioner has expressed his fear that the project will change the physical structure of Sabarmati Ashram and corrupt its pristine simplicity that embodies the ideology of Gandhiji, his great grandfather.
The petitioner had expressed his apprehension stating that with the nature of redevelopment and over-sized involvement of the government authorities in the conception and execution of the project, the ashram may lose the Gandhian ethos.
According to the petitioner, the said project is diametrically opposed to Mahatma Gandhi's personal wishes, according to his written instruction dated 30.09.1933 Sabarmati Ashram should be treated as Gandhiji's will.
Details of High Court's Order:
The High Court passed the impugned order while dealing with Gandhi's plea seeking cancellation of the Gujarat government's resolution of March 5 issued by the industries and Mines Department comprising entirely of government functionaries, for the development of the memorial and its campus.
Pursuing the Government's order, the Court, at the outset, noted that to preserve the history of Gandhi Ji and his role in the freedom struggle, and to promote and educate the great philosophy, values, and teachings of Gandhiji, the Government had come up with the project.
The Court also noted that the Government had come up with the comprehensive proposal to revamp the Gandhi Ashram and it had even constituted a governing council which comprises of several representatives, including the representatives from Sabarmati Ashram Preservation and Memorial Trust.
With these observations, the Court held that the apprehensions of the Petitioner stood allayed under the Government's order itself.
The Court, while taking into account the submissions and undertaking of the Advocate General, disposed of the plea. During the hearing, the Advocate General for Gujarat had made a statement that the revamp plan won't disturb the existing Gandhi/Sabarmati Ashram (on Sabarmati Riverfront) and that all efforts would be made for the improvement of the Ashram.
