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BELA M. TRIVEDI, PRASANNA B. VARALE
Auroville Foundation – Appellant
Versus
Natasha Storey – Respondent
JUDGMENT :
BELA M. TRIVEDI, J.
1. The legality and validity of the Judgment and Order dated 15.03.2024 passed by the High Court of Judicature at Madras in Writ Petition No. 25882 of 2022, allowing the said Writ Petition filed by the Respondent- Natasha Storey and setting aside the impugned Notification dated 01.06.2022 containing the Standing Order No. 01/2022 issued by the Appellant – Foundation, is under challenge before this Court by way of instant appeal.
2. Before adverting to issues involved in the Appeal, it would be apposite to peep into the history of Auroville, and the objects and reasons of enacting the Auroville Foundation Act (hereinafter referred to as the “A.F. Act”).
3. Prelude on the History of Auroville: -
(I) In 1965, the “Mother” (Mirra Alfassa, a French Lady), a spiritual collaborator of Sri Aurobindo (a Spiritual reformer, Philosopher and Educationist), envisioned to launch the project of Auroville, with an aim to establish an international universal township, where men and women of all countries are able to live in peace and harmony, above all creeds, all politics and all nationalities and to realise human unity. The project of Auroville was formerly inaugurate
The Governing Board of the Auroville Foundation has exclusive authority to manage Auroville and issue Standing Orders, and suppression of material facts by a litigant disqualifies them from obtaining....
The impugned Standing Order was found to be ultra vires the Auroville Foundation Act, as it violated the Act, the approved Master Plan, and exceeded the powers of the Governing Board.
The Governing Body of the Auroville Foundation can conduct land exchanges without prior government approval, provided it adheres to the Auroville Master Plan and consults necessary committees.
The Tribunal exceeded its jurisdiction by issuing directions without a substantial environmental question being raised, misapplying the 'Precautionary Principle' and disregarding the statutory force ....
A single association suffices for a project under prior registration, but distinct associations are mandated by law for managing separate phases, emphasizing the necessity of forming a federation for....
The court emphasized the mandatory nature of the inquiry and decision by the Board as prescribed in Section 64 of the Wakf Act, 1995, and highlighted that the mere existence of an alternative remedy ....
Point of law: It has also not been held that jurisdiction of High Court, under Article 226 of Constitution of India, is ousted merely on creation of such Tribunals.
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