Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation – Sabarmati Ashram |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Interest Litigation – Sabarmati Ashram – Redevelopment of – The Government of Gujarat issued a Resolution which constituted Governing Council and an Executive Council for the development of the Gandhi Ashram Memorial (Sabarmati Ashram) – The appellant filed a petition before the High Court u/ Art. 226 of the Constitution in the form of a Public Interest Litigation challenging the Government Resolution – The appellant has also sought a direction that the work of redevelopment at the Ashram should be “spearheaded by the Trusts which presently run the Ashram” – Division Bench of the High Court disposed of the petition holding that the petition u/Art. 226 is not required to be entertained in view of the undertaking furnished by the Advocate General for the State – On appeal, held: The High Court did not call for an affidavit in reply from the State of Gujarat in response to the petition, before it proceeded to dispose of the writ petition – It would have been appropriate for the High Court to decide upon the issues which are raised in the petition after furnishing to the State of Gujarat an opportunity – Prima facie, the matter is required to be remanded to the High Court – The Court has not entered into the merits of the issues which are sought to be raised by the appellant before the High Court – The High Court would form a fresh view after allowing the pleadings to be completed and hearing the parties – Therefore, appeal is allowed and the impugned judgment of the High Court is set aside – Writ petition restored to the file of the High Court. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 383 |
Petitioner | Tushar Arun Gandhi |
Respondent | State Of Gujarat And Ors |
SCR | [2022] 13 S.C.R. 911 |
Judgement Date | 2022-04-01 |
Case Number | 2660 |
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