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The Bench said that the order was due for some grammatical corrections and is expected to be made public by Friday afternoon. (File)
Tushar Gandhi, the great grandson of Mahatma Gandhi, is seeking that the Mahatma Gandhi Ashram and Precinct development project be undertaken under the supervision of National Gandhi Smarak Nidhi (GSN) in association with the five trusts that manage and own the various properties and tracts of land in the Gandhi Ashram, while the trusts are opposing the same, in tandem with the state’s stance.
The five trusts — Sabarmati Ashram Preservation and Memorial Trust (SAPMT), Khadi Gramodyog Samiti Trust, Sabarmati Harijan Ashram Trust (SHAT), Sabarmati Ashram Gaushala Trust and Harijan Sevak Sangh — own and manage the 120-acre Gandhi Ashram area.
The state government has already opposed the involvement of GSN on the ground that the body has no authority or superintendence over the Ashram and premises that was under the sole authority of Harijan Ashram Trust initially and later decentralised to five trusts.
In affidavits filed before the Gujarat High Court by SAPMT and SHAT last month, they echoed state’s stance. SAPMT’s affidavit, filed through its director Atul Pandya, submits that while the GSN was formed as an umbrella organisation after Gandhi’s demise for conducting and promoting his activities, “it neither has any legal right… over the Gandhi Ashram and precincts”.
SAPMT pointed out that the Gandhi Smarak Nidhi “does not play any role” in the management and affairs of the Gandhi Ashram and precincts and SAPMT also “does not receive any financial assistance or aid from Gandhi Smarak Nidhi”.
SHAT, in its affidavit, filed through trustee Madhukar Dhruva, submitted that the GSN “lost their interest with the passage of time in the constructive work activities of the SHAT” and added, “There is no question of involving (GSN) in the development of proposed project.”
On the other hand, GSN submitted that it provided the initial funding “in 1948 for the very creation of SAPMT by earmarking… Rs 23,30,000. Till 1959, GSN provided financial support for administrative costs to SAPMT… Even Harijan Sevak Sangh has received till 1970 financial assistance from GSN to the tune of Rs 2,40,00,000. GSN supported financially and morally other trusts such as Sabarmati Ashram Gaushala and Khadi Gramodyog Samiti…”
“There is a symbiotic relationship between GSN and the Respondent Nos 3 to 7 trusts (the five present-day trusts managing Ashram premises) which are considered as members of a larger Gandhian family… Considering this and the historically significant role played by GSN in promoting Gandhian legacy, GSN has adequate moral right and authority over the Gandhi Ashram and is interested in safeguarding its rich heritage,” it added.
In a second affidavit on July 25, the state submitted that five acres of the original 120 acres of the Ashram was “partitioned to create a memorial for Gandhiji by Shri Sardar Patel and an express trust namely SAPMT was formulated”.
During the course of the arguments on Monday, it was pointed out by the petitioner that the new trust formed — Mahatma Gandhi Sabarmati Ashram Memorial Trust (MGSAMT), registered in September 2021 and set up by Gujarat government for the implementation of the Rs 1,200-crore Gandhi Ashram Memorial & Precinct Development project — has only “plurality of government officials as members”, while the existing trusts and its associates “are in minority”.
The state government through advocate general Kamal Trivedi submitted that the MGSAMT was “formed only with a view to expedite project work” and that it is committed to “participatory consensus for development of the project”.
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The petitioner, however, contended that MGSAMT is not only in charge of redeveloping but also taking care of the place after it is redeveloped, and hence “Gandhians and Gandhian organisations be the plurality in that trust”.
GSN submitted that given the objectives of MGSAMT that it has the power to sell, lease, transfer, dispose of, hire or give on rent all assets of the society, “there is a genuine apprehension and possibility that MGSAMT may take over the rights and autonomy of individual trusts”.
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