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A Supreme Court bench of Justices Chandrachud and Surya Kant today remitted a plea by Tushar Gandhi, the great-grandson of Mohandas Karamchand Gandhi, challenging the redevelopment of Sabarmati Ashram to Gujarat High Court. The bench has clarified that it has refrained from commented on merits of the case while pointing out that the court should not have dismissed the case summarily.

Tushar Gandhi had filed a plea in Gujarat High Court seeking a stay on and quashing of the entire project that for redevelopment of the 55 acres of land at the Ashram. He submitted before the High Court that the Gujarat government resolution dated March 5, 2022 notifying the formation of governing and executive councils to undertake the Ashram development work, would not involve the trustees who are currently managing the Ashram. He submitted that the Ashram is presently being managed by Sabarmati Ashram Preservation and Memorial Trust (SAPMT) and not involving the trust and  trustees would cause imbalance, impacting aesthetic value as well as the “Gandhian principle”.

The High Court however disposed the plea on oral assurance given by Kamal Trivedi, Advocate General of Gujarat, that the one acre of land and structures where Gandhi lived and the structures on it will be preserved in order to maintain the Gandhian Ethos.

When the matter came up for hearing today, the bench opined that the bench opined that the High Court ought not to have disposed the plea without even having an affidavit of the Gujarat government on record and that they intended to remit the matter back to High Court.
The bench sought the opinion of Indira Jaising, Sr. Adv, appearing for Gandhi and Solicitor General Tushar Mehta in this regard.
When the parties agreed to the same, the court ordered remission and clarified that it was not expressing anything on the merits of the case.

Case title: Tushar Arun Gandhi Vs State of Gujarat