New Delhi, April 27 (IANS) The Supreme Court on Monday directed maintenance of status quo on the disputed Motera land linked to jailed self-styled godman Asaram’s trust in Ahmedabad, temporarily halting the Gujarat government’s move to reclaim the property for proposed sports infrastructure development.
A Bench of Justices Vikram Nath and Sandeep Mehta passed the interim order while hearing a special leave petition (SLP) filed by the Sant Shri Asharam Trust challenging the April 17 Gujarat High Court judgment, which had upheld state action to resume possession of over 45,000 square metres of land near the Narendra Modi Stadium.
The apex court asked the Gujarat government to place all relevant records pertaining to the land dispute on record within three days and granted the trust a similar period thereafter to file its response.
Posting the matter for further on May 5, the Justice Nath-led Bench ordered that status quo be maintained with regard to the property, including any demolition or coercive measures, until the next date of hearing.
During the proceedings, the top court prima facie observed deficiencies in the notices issued to the trust.
Addressing Solicitor General Tushar Mehta, appearing for the Gujarat government, the Justice Nath-led Bench observed that while the state government had initially granted lease rights over the land and subsequently expanded the allotment, it was now seeking abrupt termination.
Senior advocate Mukul Rohatgi, appearing for the trust, contended that the land had been lawfully allotted in 1960 for charitable, religious and educational purposes and argued that the state government’s move to cancel the allotment was illegal and mala fide.
He submitted that the trust possessed sanctioned plans for the constructions and alleged selective targeting due to the strategic location of the land within a proposed sports development zone.
However, the Gujarat government opposed the plea, stating that there had been repeated violations of lease conditions, unauthorised constructions and encroachment on adjoining government land.
The dispute concerns land situated adjacent to the Narendra Modi Stadium and the Sardar Patel Sports Complex in Ahmedabad’s Motera area, which the Gujarat government has earmarked for infrastructure expansion linked to long-term plans for hosting the 2030 Commonwealth Games and future international sporting events.
Earlier this month, the Gujarat High Court had dismissed the trust’s appeals, affirming prior orders of the Ahmedabad Collector and a single-judge Bench that held the Ashram had repeatedly breached allotment conditions and engaged in unauthorised occupation beyond the original lease boundaries.
The Gujarat High Court had relied on GPS and satellite mapping data indicating that the trust’s occupation extended beyond the leased area and included encroachments on adjoining government land and portions of the Sabarmati riverbed.
In its April 17 ruling, a Bench of Chief Justice Sunita Agarwal and Justice D.N. Ray had ruled that no regularisation of illegal occupation was permissible and cleared the way for the state government to proceed with recovery of possession.
–IANS
pds/pgh
