Mahatma Gandhi’s great-grandson moves Supreme Court against Sabarmati Ashram redevelopment

Mahatma Gandhi's great grandson Tushar Gandhi has moved the Supreme Court challenging the Gujarat High Court’s 2022 judgment upholding the State government’s Sabarmati Ashram redevelopment project. .As per the plea, the ₹1,200 crore project will erase the ashram’s simplicity and turn it into a state-controlled monument far removed from Gandhian values.The petitioner has alleged that the project is a betrayal of Gandhian legacy and the State’s vision seeks to “alter the topography” of the original ashram and reshape it into a modernised campus with museums, amphitheatres, and food courts have no place in the Gandhian thought.“The proposed project will alter the topography of the century-old ashram to the tune of Rs.1,200-crore and corrupt its ethos. The project has purportedly identified over 40 congruent buildings which will be preserved while the rest of them, roughly 200, will be destroyed or rebuilt,” the petition states..According to the petition, the current plan will also displace resident Harijan families and bypass Gandhian trusts that have historically overseen the precinct. The project further intends to hand over the redevelopment work to a government-dominated body headed by the Chief Minister and senior bureaucrats. This effectively “constitutes an insidious attempt to take over the memorial by the government.".The petition has highlighted Gandhi’s own words from a 1933 letter addressed to Ghanshyamdas Birla where he had made his intentions clear of transferring the ashram land to the Harijan Sevak Sangh. Gandhi had written:"I consulted friends and co-workers and came to the conclusion that the best use to make of the Ashram was to dedicate it once for all for the service 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....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 petitioner has sought a declaration that any redevelopment must strictly follow Gandhi’s will as expressed in the 1933 letter and be undertaken in consultation with independent Gandhians, historians and custodians of the Ashram—not under direct government control..The Gujarat High Court had in September 2022 rejected Tushar Gandhi's petition challenging the redevelopment.The High Court had said that the government’s assurances were sufficient and that the project did not compromise the legacy of the site.It had noted that the State had not encroached upon or dismantled any core Gandhian institutions and was not planning any commercial activity within the ashram grounds. However, as per the appeal before the Supreme Court, the justification by the High Court ignores the lived spirit and legacy of the place. The High Court erred in giving weight to oral submissions and affidavits of the State without examining the ground realities or the legal implications of changing the governance structure of the ashram, the appeal states.Gandhi has also highlighted the public opposition from over 100 historians, scholars, civil servants and Gandhian thinkers, who signed a joint letter in 2021 protesting the government’s plan..The petitioner has urged the Supreme Court to set aside the Gujarat High Court’s verdict and stay all further construction or redevelopment activity until the matter is finally heard.The petition, settled by advocate Kaleeswaram Raj and drawn by advocates Thulasi K Raj and Aparna Menon, was filed through advocate Nishe Rajan Shonker. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.