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2021 DIGILAW 1066 (GUJ)

TUSHAR ARUN GANDHI v. STATE OF GUJARAT

2021-11-25

ARAVIND KUMAR, ASHUTOSH J.SHASTRI

body2021
JUDGMENT : ARAVIND KUMAR, J. 1. The petitioner has preferred this petition contending inter alia that in the interest of public at large, he intends to espouse the cause and in furtherance of it has sought for the following reliefs:- "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; (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; (C) xxxxxxxxxx; (D) xxxxxxxxxx; (E) xxxxxxxxxx." 2. The petitioner, who is the Great-Grandson of Father of the Nation Late Sri Mahatma Gandhi has stated that he has established Mahatma Gandhi Foundation, a Charitable Trust to conserve the writings, photos and multimedia material of Mahatma Gandhi and Kasturba Gandhi by digitizing them and the said organization also works with other organizations towards rural welfare and is also involved in advocating and spreading the Gandhian Values. It is also stated that petitioner was invited to join as Director of Gandhi Research Foundation, Maharashtra and he also serves on the Advisory Council of the Dharma Bharati Mission, an organization working for the upliftment and education of the underprivileged children living in the Mumbai's slums. The petitioner has also stated that he has been espousing the public cause and to uphold the Gandhian principles and to preserve the rich culture of the Gandhian philosophy he has been filing petitions before the Apex Court and before this Court espousing public causes and present petition is filed purely in public interest on his own and not at the instance of any other person, organization or political party. 3. 3. The sum and substance of the grievance of the petitioner is that the redevelopment of Gandhi Ashram Memorial proposed by the Government of Gujarat by Government resolution dated 05.03.2021 would transgress the existing working of Gandhi Ashram, known as Sabarmati Ashram, which is managed by Sabarmati Ashram Preservation and Memorial Trust formed in 1951 and it would cause imbalance and thereby the aesthetic value as well as the Gandhian principles enunciated by the Father of the Nation would recede to background or in other words Gandhi Ashram existing on the banks of Sabarmati river would eclipse by virtue of the said order. 4. It is also contended by the petitioner that the 2nd respondent was formed to perpetuate the memory of Gandhiji and one of the objects of the Trust is to protect and preserve various places associated with Gandhiji’s work and life. Respondent No.3 was formed in the year 1951 and was given a separate identity and registered as a public trust under the Bombay Public Trust Act and 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. It is further stated that Ashram was bequeathed to respondent No.7 by Manatma Gandhi in 1933 and since then it has been the custodian of the property of the entire Sabarmati Ashram precincts. The petitioner has narrated the history of Mahatma Gandhi’s return from South Africa and establishment of the Ashrams in India and importance of the Ashrams vis-a-vis the Indian freedom movement. The petitioner has also narrated references made by various authors about the Ashrams established by Mahatma Gandhi and the works done or carried out by Mahatma Gandhi while at the Ashram. It is also stated that Mahatma Gandhi had surrendered the Satyagraha Ashram, the land of Sabarmati and the buildings therein to be utilised for the service and benefit of Harijans in perpetuity. 5. The petitioner further contends that some time in the year 2019, the 1st respondent publicized their intent to re-design and re-develop the above stated Ashram to make it into a “world class museum” and “tourist destination” as reported in various reports. 5. The petitioner further contends that some time in the year 2019, the 1st respondent publicized their intent to re-design and re-develop the above stated Ashram to make it into a “world class museum” and “tourist destination” as reported in various reports. Hence, it is contended that said re-development plan will alter the topography of the century-old Ashram at an unnecessary expenditure to the exchequer of Rs.1,200.00 crore. It is further stated in the petition that the project has purportedly identified over 40 “congruent” buildings which will be preserved while the rest of them, roughly 200, will be demolished. Apprehending and expressing fears that said 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 Gandhi’s ethos of simplicity and frugality that the Ashram embodies, the present petition has been filed. 6. The petitioner is also apprehensive that with the nature of re-development and over-sized involvement of Government authorities in the conception and execution of the said project by contending that Ashram may lose the Gandhian ethos that has been painstakingly preserved by the Trust so far and any redevelopment done at the said Ashram has to be necessarily spearheaded by the Trust which presently run the Ashram under the aegis of 2nd respondent by funding the said project and redevelopment and execution of the project should remain within the domain of respondent Nos.2 to 7 as they are predominantly Gandhian organizations and well-versed with Gandhian ethos. 7. The State which is on advance notice by virtue of the advance copy having been served on the office of learned Advocate General, is represented by the learned Advocate General and when the matter is taken up for consideration, learned Advocate General has appeared and a submission has been made by the learned Advocate General to the effect that existing Gandhi Ashram on Sabarmati Riverfront, which is an area of one acre would not be disturbed, or, in other words, it would be maintained as it is and all efforts would be made even for the improvement of the said Ashram, if decided by the Governing Council. He would also submit that for promoting and educating the people in the philosophy, values and teachings of Gandhiji, who is the Father of the Nation, this mammoth project has been taken up and he states that State would not undertake any activity in the said one acre of the area where the Gandhi Ashram is located that would disturb the existing structures, but the project envisaged under the impugned order would be put into action for spreading the teachings of Gandhian philosophy of Gandhi at all levels. His submission and undertaking is placed on record. 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 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. 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. 10. In that view of the matter, we are of the considered view that this Writ Petition is not required to be entertained and by placing on record the submission and undertaking given by the learned Advocate General on record, we dispose of this Writ Petition. Hence, the question of issuing of notice to any of the respondents would not arise. Ordered accordingly.