Court shields Asaram ashram land for now

Supreme Court protection has halted immediate state action against land and buildings held by Sant Shri Asharam Ashram in Ahmedabad, after judges found that the show-cause notice forming the basis of proposed eviction and forfeiture appeared deficient in key details.

A bench of Justices Vikram Nath and Sandeep Mehta directed the Gujarat government to maintain status quo and refrain from coercive steps against the ashram properties until the matter is examined further. The order has paused the effect of the Gujarat High Court’s April 17 judgment, which had cleared the way for authorities to reclaim land in Motera, near the Narendra Modi Stadium.

The dispute concerns land occupied by the ashram founded by Asaram Bapu, the self-styled godman who is serving life sentences in separate rape cases. The state’s case is that the trust violated allotment conditions, raised unauthorised structures and occupied land beyond the permitted area. The ashram trust disputes the action, arguing that the authorities have acted without a properly reasoned notice and that earlier occupation of additional land had been regularised over the years.

During the hearing, the bench questioned whether the notice gave the trust enough information to respond to allegations of profiteering, misuse, encroachment and breach of conditions. “Your notice is prima facie lacking material particulars,” the court observed, stressing that administrative action must stand on the reasons disclosed to the affected party at the outset.

The land was originally allotted to the trust in 1980, with records showing an initial grant of 6,261 square metres for ashram, charitable, educational and allied activities. Additional occupation was later regularised in stages, including 10,000 square metres in 1992 and a further 17,423 square metres in 1997 on payment of penalty and charges. The government now says the trust’s occupation expanded well beyond permissible limits, with measurements placing its possession at nearly 49,758 square metres.

State authorities have also alleged that more than 30 structures were constructed without required permissions. Ahmedabad Municipal Corporation had earlier refused to regularise 32 disputed structures, taking the position that land allotted by the government could not be treated in the same way as private holdings under impact-fee regularisation rules.

The government’s position is closely tied to a larger redevelopment push around Motera. The disputed land forms part of a wider area identified for the Sardar Patel Sports Enclave, a proposed sports hub linked to Ahmedabad’s preparations for the 2030 Commonwealth Games and its longer-term ambition to support a future Olympic bid. The enclave plan covers a broad zone around the Narendra Modi Stadium and related infrastructure.

The High Court had accepted the state’s contention that the trust had breached allotment conditions and occupied public land, including areas described in proceedings as connected with the Sabarmati riverbed. It dismissed the trust’s challenge to revenue and eviction proceedings and declined to stay its judgment, allowing the government to proceed.

The Supreme Court’s intervention does not settle ownership or entitlement over the land. It instead focuses on the adequacy of notice and procedural fairness. The bench asked the state to file a counter-affidavit within three days and allowed the trust time to respond. The matter is listed for further hearing on May 5.

Senior advocate Mukul Rohatgi, appearing for the ashram trust, argued that the action was illegal and targeted because the land falls within the proposed sports development zone. Solicitor General Tushar Mehta, appearing for the Gujarat government, maintained that the state had acted after identifying serious violations of lease and land-use conditions.
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