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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 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.

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.

41. In fact, 2nd respondent has stated that it agrees in principle with the intentions professed by the 1st respondent or in other words has no objection for redevelopment of Gandhi Ashram. At paragraph 9 of its reply, second respondent has stated that proposed project of redevelopment would abide by what has been stated to sub-serve the objective of promoting Gandhian ethos and ideology.

D. AVERMENTS MADE IN REPLY AFFIDAVIT FILED BY 3RD RESPONDENT :

42. It is stated that 3rd respondent came into being on 17.06.1951 by way of execution of a Declaration of Trust by the founding trustees with the principal objective of preserving the Gandhi Ashram / Sabarmati Ashram, which Mahatma Gandhi made his abode for several years from 1917 to 1930 and for the preservation of his original writings, materials and other artifacts. Contending that the said trust was specifically set up for conservation and preservation of Gandhiji's physical and intellectual legacy and was entrusted the responsibility of interpreting Gandhiji's life and about the Ashram to the people C/WPPIL/137/2021 JUDGMENT DATED: 08/09/2022 who visit the Ashram everyday. Contending that out of total area of 120 Acres and 37 Gunthas, 3 rd respondent is in possession of land admeasuring approximately 7 Acres which was transferred and conveyed by the Harijan Ashram Trust by a Deed of Property dated 28.01.1952 (Annexure-C). It is stated that there are 11 buildings / structures as enumerated in Annexure-D. It is contended that one of the objectives of the 3 rd respondent is to create museum appropriate to the ethos and architectural language of the Ashram and to achieve this object, Shri Charles Correa was appointed as the Architect and the museum was inaugurated on 10.05.1963 known as "Gandhi Smarak Sanghralaya", which has acquired international repute which reflects the ethos of Gandhiji's life and work and the area owned and managed by 3rd respondent is popularly known as Gandhi Ashram or Sabarmati Ashram which is visited by several persons including dignitaries from other nations. It is contended that the third respondent is making all efforts for conservation of the buildings known as Hriday Kunj, Magan Niwas, Nandini, Mira Kutir and the building of Gandhi Smarak Sanghralaya and the entire premises. It is stated that the library containing 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.

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 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.