Challenge to Sabarmati ashram redevelopment: Supreme Court remits matter back to Gujarat High Court for fresh hearing

The Supreme Court on Friday set aside a Gujarat High Court order which had refused to interfere with the proposed redevelopment of the Sabarmati Ashram by the State of Gujarat [Tushar Arun Gandhi v State of Gujarat]..A Bench of Justices DY Chandrachud and Surya Kant remitted the matter back to the High Court for a fresh decision to be taken after a detailed hearing..The Court was hearing an appeal filed by Mahatma Gandhi's great grandson Tushar Gandhi (appellant) challenging the High Court order.He claimed that the Gujarat High Court had dismissed the plea and refused to quash the Government Resolution on a “limited misleading statement made by the Advocate General without taking into account the grievances raised by the petitioner”.The Advocate General had informed the High Court that the Sabarmati Ashram covers an area of 1 acre which would remain untouched, and the idea was to develop 55 acres of land surrounding the Ashram.In relation to this, the petition stated that the significance of the land was not limited to the one-acre Ashram itself but covered the entire property on the banks of the Sabarmati which was more than 100 acres.“The land serves as a source of inspiration and stands as a monument to Gandhiji’s life mission," the plea said..When the matter came up for hearing before the top court contemplated sending the matter back to the High Court for a fresh hearing.Solicitor General (SG) Tushar Mehta, representing the State of Gujarat, said that he can urge the High Court to take up the matter on a regular basis but requested the apex court not to make any observation on the merits of the case.Senior Counsel Indira Jaising, appearing for the appellant, said that the trust currently managing the property had to be heard in detail before High Court passed any orders."The trusts have to be heard since this is a critical issue as of today its the responsibility of the trust to take care of the Gandhi ashram. I repeat I am not Belligerent, at all. We don't want to hold up the project," Jaising said..The Bench noted the submission of the appellant that the High Court did not call for an affidavit from the State but instead disposed of the plea based on an undertaking by the Advocate General of Gujarat."The High Court by its judgment disposed off the petition with the observation that plea under Article 226 is not required to be entertained in view of submission and undertaking furnished by AG of Gujarat. The High Court did not call for an affidavit by state govt before disposing off the plea," the Court observed.It, therefore, said that the matter should be restored to the High Court to be heard afresh."We are of the considered view that it would have been apt for the High Court to decide upon the issues stated in writ petition and give Gujarat govt opportunity to file a detailed affidavit. We are of the view prima facie that the matter be restored to the High Court," the order said. The Court also noted that SG Mehta has submitted that matter be restored back to the High Court. "For the above reasons we allow the appeal without delving into merits and set aside the impugned judgment of Nov 2021. The (Supreme) Court has not heard the case on merits. We leave it open to the High Court to take a fresh view after hearing the parties and allow pleadings to be completed," the top court directed.