The petition filed by Tushar Gandhi challenging the Gujarat Government’s decision to redevelop the Sabarmati Ashram in Ahmedabad at Supreme Court was sent back to the Gujarat High today after the hearing of the matter.
Apex Court observed that the High Court should not have summarily dismissed the petition, a bench comprising Justices DY Chandrachud and Surya Kant restored the matter to the High Court for decision on merits.
.The petition has sought for Constituting a governing council and executive council for the redevelopment of Sabarmati Asharma and its adjoining areas. Besides this challenge, the appellant has also sough a direct that the redevelopment should be done by Trust under the second Respondent while allowing the funding by Central and state funding.
The work of redevelopment should be within the domain of the 2nd to 7th Respondent. The HC had disposed of the petition holding, observed, that the petitioner under article 226 is not required to be entertained in view of the submission and undertaking by the State of Gujarat.
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The HC has not called for comprehensive affidavit from the State of Gujarat before disposing of the petition.
We have heard Indira Jaising for petitioner. And learned Solicitor General Tushar Mehta for the State of Gujarat.
In considered view it would have been appropriate for the High court to ask the State of Gujarat to file a reply before deciding the petition.
The HC disposed of the petition summarily without calling a reply from the 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.
In the hearing today, Senior Advocate Indira Jaising submitted that the High Court ought not to have dismissed the matter in a summary manner. The Bench, taking into consideration the fact that the High Court had disposed of the matter without any counter from the opposite side, suggested for relegating the matter back to the High Court.