Case Note & Summary
The appellant, Tushar Arun Gandhi, filed a Public Interest Litigation before the Gujarat High Court under Article 226 of the Constitution challenging a Government Resolution dated 5 March 2021 issued by the Government of Gujarat. The Resolution constituted a Governing Council and an Executive Council for the development of the Gandhi Ashram Memorial (Sabarmati Ashram), a charitable trust dedicated to preserving the writings, photos, and multimedia material of Mahatma Gandhi and Kasturba Gandhi, along with its precinct and surrounding areas. The appellant sought a direction that the redevelopment work should be spearheaded by the existing trusts running the Ashram under the auspices of the second respondent, with funding from Central and State Governments, and that the work should remain within the domain of the second to seventh respondents. The High Court, by a judgment dated 25 November 2021, disposed of the petition without allowing pleadings to be completed, holding that the petition under Article 226 was not required to be entertained in view of the submission and undertaking furnished by the Advocate General for the State of Gujarat. The undertaking recorded that the existing one-acre Gandhi Ashram on Sabarmati Riverfront would not be disturbed and would be maintained as it is, and that the project would be implemented for spreading Gandhian philosophy. The High Court dismissed the writ petition observing that the Government Order would preserve the teachings of Mahatma Gandhi. The appellant appealed to the Supreme Court. The Supreme Court granted leave and allowed the appeal, holding that the High Court erred in disposing of the petition without allowing pleadings to be completed and without adjudicating the challenge on its merits. The Supreme Court set aside the High Court's judgment and remitted the matter back to the High Court for fresh consideration in accordance with law.
Headnote
A) Public Interest Litigation - Disposal without adjudication - High Court disposed of PIL challenging Government Resolution dated 05.03.2021 regarding redevelopment of Sabarmati Ashram, based solely on Advocate General's undertaking that existing Ashram area would not be disturbed - Supreme Court held that High Court erred in not allowing pleadings to be completed and not adjudicating the challenge on merits - Appeal allowed, matter remitted back to High Court for fresh consideration (Paras 1-3).
Issue of Consideration
Whether the High Court was justified in disposing of a Public Interest Litigation challenging a Government Resolution without allowing pleadings to be completed and without adjudicating the merits, merely on the basis of an undertaking by the Advocate General.
Final Decision
The Supreme Court allowed the appeal, set aside the judgment of the Gujarat High Court dated 25 November 2021, and remitted the matter back to the High Court for fresh consideration in accordance with law.
Law Points
- Public Interest Litigation
- Disposal without adjudication
- Government Resolution
- Governing Council
- Executive Council
- Charitable Trust
- Sabarmati Ashram
- Mahatma Gandhi
