Key Points
SC upholds Gujarat HC ruling on ashram acquisition
Tushar Gandhi argued project violates Gandhian principles
Plea cited constitutional protection for national monuments
Ashram redevelopment plan approved by state in 2021
A bench of Justices M.M. Sundresh and Rajesh Bindal dismissed the special leave petition challenging the Gujarat High Court’s refusal to quash a resolution passed by the Gujarat government in March 2021 regarding the comprehensive development of the Gandhi Ashram Memorial and precincts.
As per the petition, the government acquisition of the Sabarmati Ashram, on the pretext of development, is contrary to the spirit and ethos of Gandhism, adding that the move militates against Article 39 of the Constitution, which emphasises on prevention of accumulation of wealth, and Article 49 of the Constitution, that emphasises protection of monuments and places of national importance.
"Mahatma Gandhi designed the ashram himself, embodying simplicity, self-sufficiency and communal living. The ashram exemplifies Gandhian principles of sustainability and harmony with nature. The Sabarmati Ashram stands as a testament to the legacy of Mahatma Gandhi and his pivotal role in India's freedom struggle," said the plea.
It added that a writ petition was initially filed before the Gujarat High Court challenging the redevelopment work and sought the quashing of the government resolution. However, the Gujarat HC dismissed the said writ petition and aggrieved, an appeal was filed before the Supreme Court, whereby the impugned order was set aside, and the writ petition was remanded back to the Gujarat High Court.
"Thereafter, the (Gujarat) High Court reconsidered the issue. However, without consideration of the true facts and circumstances, the prayers of the petitioner were rejected," said the latest special leave petition filed before the Supreme Court.
"At present, the dignity and sanctity of the ashram, which metaphorically signifies the legacy of Mahatma Gandhi, the father of our nation, is under direct threat from an alleged redevelopment project. The misuse of public money instead of any other humanitarian purposes, on the preface of development, is against Gandhi's principles," added the petition.
Further, it said that the ashram is a testimony to symbols of peace, simplicity and serenity, and the alleged redevelopment threatens to erase the essence of Mahatma Gandhi and the ashram.
"Way back in 1917, the Sabarmati Ashram was founded by Mahatma Gandhi. On February 2, 1926, Mahatma Gandhi and Maganlal Khushalchand formed the Satyagraha Ashram Trust by a trust deed. On September 30, 1933, Gandhi surrendered the Satyagraha Ashram to be utilised for the service and benefits of Harijans in perpetuity, to the Harijan Sevak Sangh through a communication addressed to Ghanshyamdas Birla," stated the petition.
