NATASHA STOREY Vs. AUROVILLE FOUNDATION

JUDGEMENT

(1.) This Writ Petition is filed challenging the notification, dtd. 1/6/2022 containing Standing Order No.01/2022 issued by the respondent. By the said Standing Order, directions were issued in the matter of the constitution of Auroville Town Development Council (hereinafter referred to as 'ATDC'). It replaces the existing Standing Orders in respect of the same.

(2.) The petitioner, Natasha Storey, is a resident of Auroville. It is pleaded that she has been a forester and steward of the evergreen forest in Auroville since the year 2002. She was earlier nominated to the ATDC by the Residents' Assembly. The Writ Petition is filed aggrieved by the above Standing Order as usurping the powers of the Residents' Assembly by the Governing Board. It is the case of the petitioner that formulation of the Master Plan and execution thereof are the primary functions of the Residents' Assembly. The deprivation of the power of the Resident's Assembly is against the provisions of the Auroville Foundation Act, 1988 (hereinafter referred to as 'the Act').

(3.) A counter-affidavit was filed by the respondent. It is stated that the Charter of Auroville was laid out by the Divine Mother to envision her noble principles. The original plan known as Galaxy Plan was made under the guidance of Mother herself in the year 1968. After her death in the year 1973, the affairs of Auroville became worse. The Hon'ble Supreme Court of India in S.P.Mittal Vs. Union of India and Ors.,(1983) 1 SCC 1. had noted the alarming and deteriorating situation. Therefore, the Act was enacted by the Parliament. The Act vests the powers of management, control and authority to the Governing Board. The relevant provisions are Ss. 6,7,11,16, 17 and 32 of the Act.