Auroville Foundation's Governing Board has the authority to manage and exchange property without challenge from permissive occupants.

ORDER :

M.DHANDAPANI, J.

Assailing the resolution of the Board for exchange of the land, which are under the occupation of the petitioner, the present writ petition has been filed before this Court.

2. It is the case of the petitioner that the petitioner along with more than 10 other residents are permissive residents of the property belonging to Auroville Foundation in respect of an extent of land measuring 18.37 acres comprised in R.S. No.165/1, No.1, Pillar Koil Street, Ganapathychettikulam, Calapet, Puducherry. The said land is situated in the Union Territory of Puducherry outside the Auroville Master Plan area and the said land was given to “Mother” prior to the enactment of the Auroville Foundation Act, 1988 and the residents have been residing in the said lands as Stewards (caretakers) for more than four decades since 1986 and that they have invested their life savings and due to their sustained efforts, the barren coastal lands has flourished into a natural habitat of several species of flora and fauna.

3. It is the further averment of the petitioner that the residents have constructed dwelling houses along with all necessary amenities for peaceful living with necessary infrastructure and have implemented extensive afforestation measures through their personal investment, with the permission and consent of the Auroville Foundation.

4. It is the further averment of the petitioner that in November, 2025, the residents were summoned by the Working Committee recognized by the Governing Board of Auroville and were informed about a proposal to exchange the entire extent of 18.37 acres in return for housing within the Auroville Master Plan and Green Belt. It is the further case of the petitioner that vide email dated 14.11.2025, while the residents sought for the minutes of the Governing Board meeting and copies of written approval as required under the Auroville Foundation Rules, 1997 and details of the proposed exchange for development purposes within the Auroville Master Plan and Green Belt, the same were not provided and by email dated 16.12.2025, the residents were directed to approach the Auroville Foundation Office for details. Inspite of the request of the petitioner and other residents for information of land swap, the same has not been provided to the petitioner and the other residents.

5. It is the further averment of the petitioner that thereafter unidentified persons, claiming to be representatives of the Foundation attempted to enter the property stating that the land was earmarked for exchange and that a survey was required and when they were asked to provide authorization documents, they failed to do so and a similar incident took place on 16.2.2026 when individuals approached the property and demanded opening of gates and threatened demolition of the structures and apprehending harm, police were called upon and the request of the police to the said individuals for production of identification, the persons left the place without disclosing their identity. 6. It is the further averment of the petitioner that vide email dated 17.2.26 of the Special Officer of Auroville Foundation, the residents were informed that survey is to be conducted and any obstruction to the work would be construed as an offence.

7. It is the further averment of the petitioner that the Board resolution proceeds on the premise that the lands are unused lands and, therefore, the lands are sought to be exchanged for lands in the city area as well as in the Green Belt area. However, it is the stand of the petitioner that the lands are not unused lands, but is a thriving ecological habitat and preserved for more than 40 years.

8. It is the