TUSHAR ARUN GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner, who is the great grandson of the father of the Nation late Shri Mahatma Gandhi, a writer and social worker, has preferred this writ petition, inter alia, contending that he is espousing the cause of public at large. By contending that proposed project for the redevelopment of Gandhi Ashram Memorial is opposed to the wishes and bequest of late Shri Mahatma Gandhi and it would reduce the shrine and memorial of the freedom movement into a commercial tourist attraction. Hence, petitioner has sought for a writ of mandamus that redevelopment should be spearheaded by the Trusts which presently run the Ashram. Petitioner has further contended that he has no personal interest and he has a spiritual connect with the Ashram since his grandparents and his father's sister stayed with late Smt. Kasturba Gandhi and late Shri Mahatma Gandhi known as Bapu at the Ashram and as such he contends that he needs to protect and preserve that spiritual connection to his ancestors. On these amongst other grounds, he has sought for the following reliefs:

(2.) This petition came to be initially disposed of by order dtd. 25/11/2021 by observing thus:

(3.) Being aggrieved by the same, petitioner filed Civil Appeal No.2660 of 2022 before the Hon'ble Apex Court which came to be allowed by restoring the petition for being disposed of by observing that a fresh view be taken after allowing the pleadings to be completed and hearing of the parties. The Hon'ble Apex Court took note of the fact that the respondent State of Gujarat which was on caveat, had consented for petition being restored back as the matter had been disposed of without calling for an affidavit-in-reply on the State of Gujarat and then may be decided upon the issues which are raised in the petition after affording opportunity to the State to file a comprehensive affidavit dealing with various facets of the matter. The Hon'ble Apex Court has also made it clear that it has not entered into merits of the issues urged in the writ petition. In the aforesaid background, notice came to be issued to the respondents vide order dtd. 14/6/2022 and reply affidavits have been filed by respondent Nos.1 to 5 which has been taken on record.