Gujarat High Court
Tushar Arun Gandhi vs State Of Gujarat on 8 September, 2022
Author: Aravind Kumar
Bench: Aravind Kumar, 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
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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
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
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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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C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 "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;"Page 3 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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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 Page 4 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 5 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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, Page 6 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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. Page 7 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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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 Page 8 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 9 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 10 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 11 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 12 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 13 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 14 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 15 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 16 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 17 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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, Page 18 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 19 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 20 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 21 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 22 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 23 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 24 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 25 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 26 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 27 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 28 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 29 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 30 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 31 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 32 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 33 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 34 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 35 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 36 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 37 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 38 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 39 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 40 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 41 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 42 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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.
Page 43 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
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 Page 44 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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. Page 45 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
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 Page 46 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 47 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 48 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 49 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 50 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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. Page 51 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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, Page 52 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 53 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 54 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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". Page 55 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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. Page 56 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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. Page 57 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 58 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 59 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 60 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 61 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 62 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 63 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 64 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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?Page 65 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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"Page 66 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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 Page 67 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 68 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 69 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 70 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 : -
Page 71 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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;
Page 72 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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.Page 73 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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.
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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 Page 75 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 76 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 77 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 78 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 79 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 80 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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." Page 81 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
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 Page 82 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 84 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 85 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 86 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 87 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 88 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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.Page 89 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022
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 Page 90 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 91 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 92 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 93 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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, Page 94 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 95 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 96 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 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 Page 97 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 98 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 99 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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.
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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."
Page 101 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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."
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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 Page 103 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 104 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 105 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 106 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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.Page 107 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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(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.Page 108 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022
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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 Page 109 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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, Page 110 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 111 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 112 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 113 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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. Page 114 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 115 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022 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 Page 116 of 116 Downloaded on : Tue Sep 13 20:24:17 IST 2022