Plea in #SupremeCourt by Mahatma Gandhi’s great grandson Tushar Gandhi challenging the renovation of Sabarmati Ashram by #Gujarat government. Court moots to send the matter back to High Court to enable government to respond. SG Mehta to respond at 2 PM.
SG: I bow down to what fell from the court. We will file our reply. Please clarify that the order is not set aside on merits.
@IJaising : All the respondents need to be heard. All the respondent trusts need to be heard.
@IJaising : All the respondents need to be heard. All the respondent trusts need to be heard.
@IJaising : The #Gujarat HC is closing on 7th May. It may be heard in this side of the vacation.
SG: We would not lack any speculative apprehensions going around based. I will request the HC to take it up on priority basis
SG: We would not lack any speculative apprehensions going around based. I will request the HC to take it up on priority basis
@IJaising : The primary question is by what authority of law are the renovations happening. I only wish to point out how critical or important it is for the trust to be heard.
SG: I did not want to go into the merits, but I want to submit that the government is aware of the existence. These are ill founded, uninformed.
@IJaising : Please don’t use adjectives
DYC J: Alright, we will pass a short order
@IJaising : Please don’t use adjectives
DYC J: Alright, we will pass a short order
Court:
A WP was instituted before GJ HC by the appellant in the form of a PIL challenging the constitution of governing and executive council for the comprehensive development of Sabarmati Ashram and its adjoining areas.
A WP was instituted before GJ HC by the appellant in the form of a PIL challenging the constitution of governing and executive council for the comprehensive development of Sabarmati Ashram and its adjoining areas.
Court:
Besides this challenged, the appellant has sought a direction to the effect that work of redevelopment should be spearheaded by the trust that run the ashram under the auspices of the 2nd Respondent while allowing for funding by centre and state.
Besides this challenged, the appellant has sought a direction to the effect that work of redevelopment should be spearheaded by the trust that run the ashram under the auspices of the 2nd Respondent while allowing for funding by centre and state.
Court:
According to the appellant work of redevelopment should remain in the domain of the trusts. The HC disposed off the petition with the observation, petition under Art 226 is not required to be entertained in view of the undertaking Advt General of #Gujarat
According to the appellant work of redevelopment should remain in the domain of the trusts. The HC disposed off the petition with the observation, petition under Art 226 is not required to be entertained in view of the undertaking Advt General of #Gujarat
Court:
The HC has not called for a comprehensive affidavit from #Gujarat before disposing off the WP. We have heard @IJaising and SG. We are of the considered view it would have been appropriate for the HC to decide upon the issue raised in WP after giving #Gujarat to file affi
The HC has not called for a comprehensive affidavit from #Gujarat before disposing off the WP. We have heard @IJaising and SG. We are of the considered view it would have been appropriate for the HC to decide upon the issue raised in WP after giving #Gujarat to file affi
We are of the view prima facie that the order would have to be set aside. For the above reasons we allow the appeal, we clarify that this court has not entered into the issues on merits. We are leaving it open to the HC to take a fresh view after hearing the parties.
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