Supreme Court restrains Gujarat govt from taking over land allotted to Asaram's ashram for CWG Games 2030

New Delhi: The Supreme Court on Monday restrained the Gujarat government for now from taking over the land allotted to self-styled “godman” Asaram’s ashram in Ahmedabad in order to develop sports infrastructure ahead of the 2030 Commonwealth Games.

A bench of Justices Vikram Nath and Sandeep Mehta ordered status quo till May 4 and asked the Gujarat government to place before it all relevant records related to the land in dispute, as it prima facie observed that notices were not served to Asaram’s Trust.

More than 45,000 sq metres of land on which the ashram stands in Motera near the Narendra Modi Stadium is to be used for the proposed Sardar Patel Sports Complex.

The Sant Shri Asharam Trust, which manages the ashram, has challenged in the apex court the April 17 order of the Gujarat High Court rejecting its appeals against the takeover of land on the grounds of violation of lease conditions and encroachment.

Considering the matter, the bench asked the Solicitor General Tushar Mehta to file all relevant records within three days and gave the Trust another three days, while directing that a status quo on the disputed land property be maintained till the next date of hearing.

The court scheduled the matter for further hearing next Monday.

During the hearing, the bench told Mehta, who was appearing for the Gujarat government, that prima facie it appears that notices were not served to the petitioner trust.

Mehta submitted that there were several violations of the lease conditions and encroachment of government land, and maintained that proper notices were issued.

The bench told Mehta, “You yourself have been very benevolent. First you granted a lease for 6261 square metres, and then again you granted a lease for more land, and now, overnight, you want the lease should go.”

Mehta submitted that more than 30 buildings have been constructed on the land without any permissions.

Senior advocate Mukul Rohatgi, appearing for the Trust, said that the land was allotted for the Ashram, allied social activities and a school and there was no violation of lease conditions.

"These land parcels are being acquired wrongfully, illegally and allotment is sought to be cancelled,” Rohatgi said, adding that over six thousand square meters was given to the charitable trust in 1960.

Mehta assured the bench that he was giving his word that not a single brick would be demolished till the next date of hearing on May 4 and urged it not to put on record its direction on status quo and no coercive action.

The bench, however, ordered that the status quo should be maintained with regard to any demolition measure on the property.

Asaram (84), who has been serving life imprisonment for raping a minor girl at his ashram in Rajasthan in 2013, is currently out on bail on medical grounds.

The division bench of the high court had dismissed the appeals filed by the Trust against the land takeover after a single bench judge of the high court had dismissed its pleas challenging eviction notices issued by the revenue authorities over allegations of encroachment and breach of conditions of allotment and regularisation.

The high court had observed that the Trust not only violated the conditions of the allotment and regularisation orders of grant of government land but also encroached upon a substantial area of open land surrounding the allotted plots.

It had also noted that the Trust had illegally occupied land in the Sabarmati River belt over the years.

The Trust had moved the High Court against the Gujarat Revenue Tribunal’s order dismissing its petition for notices by the mamlatdar (revenue officer) to hand over the possession of the land.