Case Note & Summary
The dispute arose from a Public Interest Litigation filed by the appellant challenging a Government Resolution dated 5 March 2021 issued by the Government of Gujarat, which established a Governing Council and an Executive Council for the development of the Gandhi Ashram Memorial. The appellant sought to ensure that the redevelopment work at the Ashram was managed by the existing trusts running the Ashram, with funding from the Central and State Governments. The Gujarat High Court dismissed the petition on 25 November 2021, stating that the petition was not required to be entertained due to an undertaking by the Advocate General that the existing Ashram would not be disturbed. The High Court noted that the Government Resolution aimed to preserve the teachings of Mahatma Gandhi and enhance the Ashram's status as an international tourist destination. The Supreme Court found that the High Court had erred by not allowing the State of Gujarat to file a comprehensive affidavit before dismissing the petition. The Court decided to remand the matter back to the High Court for a fresh consideration, allowing all parties to present their arguments fully. The appeal was allowed, and the impugned judgment was set aside, restoring the writ petition to the High Court's file for further proceedings.
Headnote
A) Constitutional Law - Public Interest Litigation - Dismissal without Affidavit - Article 226 of the Constitution of India, 1950 - The High Court dismissed the writ petition without allowing the State of Gujarat to file a comprehensive affidavit, which was deemed inappropriate by the Supreme Court. The Court held that the matter required remand to the High Court for a fresh view after allowing pleadings to be completed (Paras 5-6).
Issue of Consideration
Whether the High Court erred in dismissing the writ petition without allowing the State of Gujarat to file a comprehensive affidavit.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment dated 25 November 2021, and restored the writ petition to the High Court for further proceedings.
Law Points
- Public Interest Litigation
- Article 226
- Government Resolution
- Undertaking by Advocate General
- Remand to High Court
