Summary
A public-interest challenge to the governmental councils for redevelopment of Sabarmati Ashram was summarily disposed of on the Advocate General’s undertaking without a State affidavit. The Court restored the petition so that comprehensive pleadings and a hearing could precede adjudication. It expressly left the redevelopment dispute’s merits and every party’s rights and contentions open.
Issues
- Whether the High Court should have disposed of the redevelopment challenge without calling for a comprehensive State affidavit and completing pleadings.
Held
- The issues warranted consideration after the State had an opportunity to file a comprehensive affidavit addressing the various facets of the challenge. Summary disposal without that process required restoration; the Solicitor General consented to that course. (¶ 5)
- The High Court was to form a fresh view after completion of pleadings and hearing the parties. The Supreme Court expressed no view on the appellant’s objections, the State’s position or the project’s merits, and reserved all rights and contentions. (¶ 6)
Result
Appeal allowed; the High Court’s 25 November 2021 judgment was set aside and the writ petition restored to its file for fresh consideration. Pending applications disposed of.