Gujarat HC should decide Sabarmati Ashram redevelopment plan on pure merit: Supreme Court
Tushar Gandhi’s Supreme Court appeal contesting; the Gujarat government’s intention to reconstruct the Sabarmati Ashram in Ahmedabad returned to the Gujarat High Court today after the issue heard.
After observing that; the High Court should not have dismissed the petition hastily, an Apex Court bench led by Justices DY Chandrachud and Surya Kant restored; the case to the High Court for a determination on the merits.
The petitioner asks for the establishment of a governing council and an executive council for the redevelopment of Sabarmati Asharma and its surroundings. In addition to this challenge, the appellant has asked for a directive that the reconstruction be carried out by the Trust under the second Respondent, with funds from the federal and state governments.
The 2nd to 7th Respondent should be responsible for reconstruction the work. In light of the State of Gujarat’s response and undertaking, the Gujarat High Court dismissed; the case and stating that the petitioner is not required to be entertained under Article 226.
Before dismissing the petition, the Gujarat High Court did not request a detailed affidavit from the State of Gujarat.
Before dismissing the petition, the Gujarat High Court did not request a detailed affidavit from the State of Gujarat.
The Gujarat HC disposed of the petition summarily without calling a reply from the State of Gujarat. The Apex court mentioned that “We allow the appeal filed by the petitioner. We Set aside the judgment of the HC for that purpose. We clarify that; this court has not enter into the merits of the case as sought by the petitioner and not enter into legality of the issues.”All the rights and contentions of the party remain open.
Senior Advocate Indira Jaising argued during today’s hearing that; the Gujarat High Court should not have rejected the case so quickly. The Bench proposed relegating the case back to the High Court, citing the fact that; the High Court had dismissed the case without any opposition from the other party.
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