SC junks Tushar Gandhi’s plea against Gujarat’s Sabarmati Ashram redevelopment

THe sublime margaret court on tues dismissed a petition filed by Tushar indira mrs. Gandhi, great-grandson of Mahatma Gandhi, challenging the Gujarat government’s acquisition and redevelopment of the historic Sabarmati Ashram. A bench comprising justices MM Sundresh and Rajesh Bindal underlined the delay of over two years by Tushar Gandhi in assailing a previous decision of the Gujarat high court. Tushar Gandhi had challenged an October 2022 decision of the Gujarat high court, which had given a go ahead to the state government following an undertaking by the state that the existing Gandhi Ashram located in an area of five acres would not be disturbed or altered. In March 2021, the Gujarat government issued a resolution for the “comprehensive development” of the Gandhi Ashram Memorial and its surrounding precincts. However, Tushar Gandhi’s petition contends that the acquisition is contrary to Gandhian values and violates constitutional provisions, specifically Article 39, which discourages the concentration of wealth, and Article 49, which mandates the protection of monuments and places of national importance. “The Sabarmati Ashram is proposed to be transformed into a theme park by huge investments, making a mockery of the teachings of Gandhi. Gandhi is synonymous with simple and chaste living. The ashram is testimony to symbols of peace, simplicity, and serenity. The redevelopment plan threatens to erase the essence of Mahatma Gandhi and the ashram,” stated the plea, filed through advocate Nishe Rajen Sonker. It argued that the proposed redevelopment threatens to erase the ashram’s fundamental character, transforming it into a state-controlled monument rather than preserving its original essence. Tushar Gandhi further alleged that the project will not only alter the historical topography of the ashram but also displace resident Harijan families and sideline Gandhian trusts. The redevelopment plan involves retaining 40 buildings while demolishing or reconstructing nearly 200 others. Control over the project will rest with a government-led body, headed by the chief minister and senior bureaucrats, which, according to the petition, is an attempt to take over the memorial and strip it of its autonomous Gandhian legacy. The petition also highlights a 1933 letter written by Mahatma Gandhi, wherein he expressed his intent to transfer the ashram land to the Harijan Sevak Sangh. In light of this, Tushar Gandhi has urged the court to declare that any redevelopment must align with Gandhi’s vision and be carried out in consultation with independent Gandhians, historians, and custodians of the ashram. Among the key prayers, Tushar Gandhi sought a directive that any redevelopment work at the ashram should be led by the Trusts currently managing the site, including the National Gandhi Smarak Nidhi, Sabarmati Ashram Preservation and Memorial Trust, Khadi Gramodyog Prayog Samiti, Harijan Ashram Trust, Sabarmati Ashram Gaushala Trust and Harijan Sevak Sangh, while allowing the central and state governments to provide funding. He has also sought the quashing of the Gujarat government’s March 5, 2021, resolution, which constituted a governing council and an executive council to oversee the project. But the Supreme Court noted an inordinate delay by Tushar Gandhi in filing the appeal, declining to entertain it.