Asaram Ashram Land Dispute: Supreme Court Suspends Gujarat HC Verdict, Orders Status Quo

The bench of Justices Vikram Nath and Sandeep Mehta ordered maintenance of status quo, effectively putting on hold the April 17 judgment of the Gujarat High Court that had allowed the state to reclaim approximately 45,000 square metres of land occupied by the Sant Shri Asaram Ashram in Motera.

The disputed land forms part of a larger 650-acre parcel earmarked for the proposed Sardar Patel Sports Enclave project, linked to Ahmedabad’s bid for the 2036 Olympics and preparations for the 2030 Commonwealth Games.

During the hearing, the Bench repeatedly questioned the basis of the state’s action, emphasising that administrative decisions must stand on the strength of the notice issued to the affected party. “Ultimately, your case has to stand on your notice. Your notice prima facie lacks material particulars,” the Court remarked to Solicitor General Tushar Mehta, appearing for the Gujarat government.

The Court also flagged inconsistencies in the state’s position over the years. It noted that portions of land earlier described as encroachments had subsequently been regularised by the authorities. “What happened overnight that you want it cancelled?” the Bench asked.

The state argued that the ashram had exceeded its original land allotment of 6,261 square metres granted in 1980 and had encroached upon additional land over time. It relied on findings recorded by the High Court regarding unauthorised constructions and alleged violations of land-use conditions.

However, the Supreme Court underscored that such allegations must be clearly reflected in the show-cause notice itself. “Where is all this mentioned in your notice?” the Bench asked, reiterating that affected parties must be informed of the precise case they are required to meet.

Senior Advocate Mukul Rohatgi, appearing for the ashram, argued that the action was “illegal and mala fide”, alleging that the trust was being selectively targeted because the land falls within a high-value sports development zone. He contended that the ashram had sanctioned plans dating back decades and that similar deviations elsewhere had been regularised.

Taking note of the submissions, the Court granted the state three days to file its counter affidavit, with the petitioners given a similar window to respond.

The matter has been listed for further hearing on May 5.

The interim order pauses the operation of the High Court’s April 17 judgment, which had dismissed the ashram’s challenge to eviction notices and allowed the state to proceed with reclaiming the land. The High Court had held that the trust violated allotment conditions and encroached upon public land, including parts of the Sabarmati riverbed, rejecting any plea for regularisation.

Asaram Bapu, who founded the ashram in 1972, is currently serving life imprisonment in multiple rape cases. He was convicted in 2018 by a Jodhpur court for sexually assaulting a minor and received another life sentence in 2023 from a Gandhinagar court in a separate case involving a woman disciple. He is presently out on medical bail.

Earlier, a division bench comprising Justices Ilesh Vora and Sandeep Bhatt extended the same till July 7, 2025. Asaram, currently out on medical bail, had been released from custody on April 7, 2025, following a delay of about ten days after securing temporary bail, due to the procedural requirement of obtaining relevant permissions from the Rajasthan High Court in Jodhpur.

He was convicted by a Gandhinagar court in January 2023 for repeatedly raping a woman disciple from Surat between 2001 and 2006 at his ashram in Motera, Ahmedabad. He was found guilty under multiple provisions of the Indian Penal Code, including Sections 376(2)(C) (rape), 377 (unnatural offences), 342 (wrongful confinement), 354 (assault or criminal force to outrage modesty), 357 (assault), and 506 (criminal intimidation).