No More Sick Notes, Case Not Argued For Months: Gujarat High Court Orders Arguments In PIL For Preservation Of Gandhi Ashram

In the ongoing Public Interest Litigation (PIL) regarding the protection and preservation of buildings established during Mahatma Gandhi's era, the Gujarat High Court has mandated the counsels in the matter to argue the matter positively on the next scheduled hearing.

The PIL seeks judicial intervention to protect and preserve buildings, associated with the Sabarmati Ashram Preservation and Memorial Trust (Respondent No. 3).

The PIL also seeks that no other trust, aside from the Sabarmati Harijan Ashram Trust, be permitted to collect donations from within the Gandhi Ashram precincts. It raises concerns about the state government's purported actions to displace original inhabitants by distributing large sums of money without adequate verification, benefiting individuals unauthorised by the trust or the Ahmedabad Municipal Corporation.

The PIL, initially listed on December 7, 2022, has seen multiple delays. The court noted that the case has not been argued since the initial hearing on 18.04.2023, where the petitioner was directed to provide comprehensive details about the Harijan Ashram Trust, registered in 1940, and about the distribution of funds to individuals who were not residents of the Ashram.

On 09.08.2024, the court observed that advocate for Manav Sadhna Trust (one of the eight respondents), had repeatedly submitted sick notes. Counsel for the petitioner also sent a sick note.

The bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, expressed disappointment over the lack of progress and emphasised, “We may note that the prayer made in the instant petition is to issue a direction that in view of the conditional development permitted by this Court in Writ Petition (PIL) No. 137 of 2021 (noted hereinabove), the properties mentioned at Annexure – J be preserved and the Respondent Authorities be directed to continue the operations of schools inside the precincts of Sabarmati Harijan Ashram, which have been started by Mahatma Gandhi.”

“Taking note of the above, we post the matter on 23.08.2024 making it clear that the matter is to be argued by the learned counsel for the petitioner on the next date fixed and that the leave note and / or sick note of any of the counsels would not be honored,” the bench added.

The matter is now listed on 23.08.2024 for further hearing.

Case Title: Devrajbhai Tulsibhai Patel Versus State Of Gujarat & Ors

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