New Delhi, Apr 1 (PTI) The Supreme Court on Friday remanded back to Gujarat High Court a plea filed by Mahatma Gandhi's great-grandson Tushar Gandhi against the state government's decision to redevelop the Sabarmati Ashram project in Ahmedabad for fresh consideration.

Gandhi challenged the High Court's November 25, 2021 order dismissing his petition in this regard.

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A bench of Justices DY Chandrachud and Surya Kant which set aside the order of the High Court, said “The High Court has not called for a comprehensive affidavit from the state of Gujarat before disposing of the writ petition (filed by Gandhi)."

It said, “We are of the considered view that it would be appropriate for the High Court to decide upon the issues which are raised in the petition after furnishing to the state of Gujarat an opportunity of filing a comprehensive affidavit dealing with various facets of the matter”.

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It said, “The High Court having disposed of the matter summarily without calling for a report from the state of Gujarat, we are of the view prima facie that the matter be required to be restored to the High Court”.

It noted that Solicitor General Tushar Mehta, appearing for the Gujarat government, has fairly submitted that the matter should be restored to the High Court to follow the said course of action.

“For the above reason we allow the appeal without requiring to go into the merit of the issues which were raised before the High Court and set aside the impugned order of November 25, 2021, for that purpose”, the bench said.

The top court also clarified that it has not entered into the merit of the issues which are sought to be raised by the petitioner or the correctness of such aspects of the matter which the state of Gujarat or which other respondents may wish to place before the High Court.

“We are leaving to the High Court to take the fresh view after hearing the parties and allowing pleadings to be completed. All the rights and contentions of the parties are kept open. Both the petitioner and the Solicitor General have joined in to request the court for expeditious hearing”, it said.

At the outset, the bench told Mehta that respondents before the High Court should file a counter affidavit explaining what they are planning to do, explaining the nature of the development project.

“Let it be on the record as to what they intend to do. The High Court may hear the petition and see if anything which requires some tweaking, some suggestions, some protective steps. So we will simply send it back to the High Court. You file an affidavit and we will not make any observation on the merit of the case, at this stage”, it said.

Mehta said that here the petitioner (Tushar Gandhi) and the state government are not at loggerheads and the intention is the same that the legacy of Mahatma Gandhi should be retained, protected, and preserved with the same sanctity and simplicity.

“The entire petition before the High Court as well as before this court is based on apprehension. I am not addressing the court on merits. But the court is concerned as honourable judges but as citizens because Mahatma Gandhi is a class in itself. I am also not a law officer but as a citizen I am concerned. So is the petitioner and his counsel”, he said.

Giving detail about the project to remove apprehensions, Mehta said, “If we can satisfy the court's consciousness it might remove the apprehensions of the petitioners. The judges might have visited the Gandhi Ashram which is an area of five acres only which we normally see when we go to pay our homage. Nothing is going to be touched there. However, some parts are so dilapidated it needs to be reconstructed without affecting the simplicity of the Ashram as it stood”.

He said that the real Ashram land is about 300 acres and very few people know about it and the Ashram road passes in between this land, the left-hand side is the Ashram where Mahatma Ji used to stay and there are two or three buildings which need to be preserved.

“However on the other side there are areas which are encroached upon and some multi-story buildings have come up which need to be removed as it needs to be brought in tune with the piousness of the simplicity or core or ambiance of Gandhi Ashram”, he said.

Mehta added that there are several houses that are like slums and are occupied by third or fourth generations of some people staying there and have encroached upon it.

“What the government is doing is away from the Ashram but part of the Ashram these people are offered a very handsome financial remuneration or a four-bedroom flat which is just outside the Precinct and more than 70 per cent people have opted for it. It's nowhere near to the Ashram”, he said.

Senior advocate Indira Jaising, appearing for Gandhi, said that she is requesting that entire trustees need to be heard as this issue falls within the mandate of the trust.

Gandhi has moved to the top court challenging the High Court order rejecting his plea against the Sabarmati Ashram redevelopment project after the state government assured that it will "not touch" three key attractions in the one-acre area housing the main ashram.

The Rs 1,200 crore Gandhi Ashram Memorial and Precinct Development Project has been jointly undertaken by the state and the central government for developing the ashram, where Mahatma Gandhi lived from 1917 to 1930.

The project would be developed over an area of 55 acres from the existing five acres by bringing together heritage buildings and restoring the surroundings.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)