Isabella Mariam

The Division Bench of the Gujarat High Court comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi dismissed a Public Interest Litigation (PIL) challenging the ongoing redevelopment of the Gandhi Ashram Memorial. The Bench, after extensive consideration, recorded that the petitioner’s apprehensions regarding the violation of Gandhian ethos and misuse of public funds stand allayed by the State’s undertakings and previous judicial orders.

The PIL was filed by Devrajbhai Tulsibhai Patel, a practicing advocate from Ahmedabad, raising issues concerning the rehabilitation of inhabitants of the Sabarmati Ashram complex in light of this Court’s earlier judgment dated September 8, 2022, in Writ Petition (PIL) No. 137 of 2021. The petitioner opposed the proposed redevelopment project on the grounds that it was allegedly contrary to the wishes and beliefs of Mahatma Gandhi.

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The Advocate General, representing the State, informed the Court that various steps had been undertaken to ensure the project aligns with Gandhian principles. The State had previously detailed these steps before the Court in the virtual hearing and through affidavits, including the development of the Chandrabhaga rivulet as an urban waterway, the establishment of new museums and exhibition canters, augmented visitor facilities, traffic diversion plans, and dedicated parking facilities.

The redevelopment plan also included a detailed rehabilitation scheme for the existing inhabitants of the Gandhi Ashram, offering them the following options:

• Ownership of a 4BHK flat in the prime locality of Naranpura, Ahmedabad.

• A 3BHK tenement within the "Ashram Housing Campus" adjacent to the Gandhi Ashram Memorial.

• A one-time monetary compensation of INR 60 lakhs.

It was recorded that about 260 families of Ashramwasis and long-term tenants would be rehabilitated with their consent. The Court noted that these measures were designed not only to preserve but to promote the teachings of Mahatma Gandhi, ensuring the Gandhi Ashram becomes a global centre for learning and dissemination of Gandhian philosophy.

The petitioner raised further concerns about the functioning of Manav Sadhna Trust within the Gandhi Ashram premises, alleging illegal activities and misappropriation of funds. The petitioner sought various directions, including the cessation of Manav Sadhna Trust’s activities from the Ashram premises, preservation of original buildings constructed during Gandhi’s time, and recovery of funds allegedly disbursed to unauthorized occupants.

However, the Bench observed that the petitioner failed to implead the alleged beneficiaries of the relocation scheme or provide substantive evidence supporting claims of illegalities. The Bench further noted that the petitioner’s prayers pertained primarily to the activities of the Manav Sadhna Trust, for which the proper remedy would be to approach the Charity Commissioner under appropriate legal provisions.

The Division Bench made detailed judicial observations, recording that "the apprehension expressed by the petitioner stands allayed for the reasons indicated hereinabove and by placing the submission and undertaking of the learned Advocate General on record which is to the effect that the existing Gandhi Ashram located in an area of five acres would not be disturbed or altered and/or changed."

The Court took note of the State’s affidavit, which explicitly recorded: "The Gandhi Ashram is to be developed in a manner that it can aptly reflect the real sense as to how the Ashram was like when Gandhiji was living there. Further, the project seeks to restore the original buildings of the Ashram, most of which are in dilapidated condition."

Regarding the allegations against the Manav Sadhna Trust, the Court held: "The averments made in the writ petition without impleading the beneficiaries cannot be appreciated. Moreover, the prayers made are essentially pertaining to the alleged illegal activities of Manav Sadhna Trust within the precincts of Harijan Ashram Trust for which appropriate remedy for the petitioner is to approach the Charity Commissioner."

The Court also recorded that the Supreme Court, in Special Leave Petition (Civil) Diary No(s). 12965 of 2025, had dismissed the challenge to its previous order dated September 8, 2022, thereby reinforcing the High Court’s decision.

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In conclusion, the Bench observed: "We do hope and trust the assurances made to the Court by respondent No.1 in its affidavits dated 25.04.2022 and 25.07.2022 would not only be followed in its letter and spirit but would also implement the same in the right perspective by ensuring Gandhian ideals are well preserved, nurtured and spread across the Globe by receiving the inputs from such quarters as it deems fit in furtherance of the avowed object with which the project has been conceived."

The Court dismissed the writ petition, recording: "The writ petition is accordingly dismissed being misconceived. No order as to costs." The prayer for quashing the Government Resolution dated March 5, 2021, was also rejected.

Advocates Representing the Parties

For the Petitioner: Mr. Shyam K. Shelat

For the State of Gujarat: Shri Kamal Trivedi, Advocate General; Gursharansingh H. Virk, Government Pleader; Vinay B. Vishen, Assistant Government Pleader

For the Respondents: Mr. Gursharan Virk with Mr. Simranjitsingh Virk, Ms. Hina Desai

Case Title: Devrajbhai Tulsibhai Patel vs. State of Gujarat & Others

Case Number: R/Writ Petition (PIL) No. 8 of 2023

Bench: Chief Justice Sunita Agarwal and Justice Pranav Trivedi

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