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2026 Supreme(Online)(Mad) 44954

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Madhuri Tirtharam Kadam – Appellant
Versus
Auroville Foundation – Respondent
W.P. NO.7490 OF 2026



Advocates:
For the Appellants/Petitioners: M.V.Swaroop
For the Respondents: AR.L.Sundaresan, Vaibhav R.Venkatesh, Menon

A permissive occupant of land owned by the Auroville Foundation lacks the legal right to challenge a lease deed or stall developmental decisions made by the Governing Board regarding land utilization, as the Board possesses statutory authority to manage and administer its properties for the public good.

Headnote:(A) Auroville Foundation Act, 1988 - Section 19 - Writ jurisdiction - Permissive occupants - Challenge to lease deed - Petitioner asserted that the Farm, being in existence for seven decades, could not be evicted without due process and that the lease violated fundamental rights and ecosystem sustainability - Court observed that the land vested entirely in the Foundation and the Farm/occupant had no title or ownership rights, being merely a permissive occupant - Held, that the Governing Board is empowered to manage and deal with its properties for the better utilization and greater public welfare - Appellate precedent indicated that residents cannot stall the Board's developmental resolutions - Writ petition dismissed with liberty to represent for alternative land allocation. (Paras 12, 15, 16, 18, 19)

Facts of the case:
The petitioner, a resident of Auroville, challenged a lease deed dated 23.12.2025 whereunder 100.01 acres of land currently cultivated by the Annapurna Farm were leased by the Auroville Foundation to the Indian Institute of Technology Madras for incubation services. The petitioner contended that the relocation was unfeasible and impacted food self-sufficiency, ecosystem balance, and residents' fundamental rights.

Findings of Court:
The court found that the Farm has no title or ownership over the land and that the Foundation, as the titleholder, is legally empowered to utilize its assets for sustainable development projects. The court followed its earlier ruling in a similar matter (W.P. 8543/2026), holding that permissive occupants cannot challenge the Foundation's policy decisions regarding land utilization.

Issues: Whether a permissive occupant of land under the Auroville Foundation has the locus standi to challenge a lease deed executed by the Foundation for developmental purposes.

Ratio Decidendi: As the Auroville Foundation holds title to the lands and its Governing Board is statutorily empowered to administer these assets, a permissive occupant cannot interfere with the Board's decision to reallocate land for projects deemed beneficial to the Foundation and the public, provided the Board acts within its authority.

Result: Writ petition dismissed.

Table of Content
1. petitioner's challenge to lease deed based on residency and occupation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. foundation's right to manage property and its statutory supremacy over permissive occupants. (Para 8 , 9 , 10 , 11 , 12 , 13)
3. court finds no right for permissive occupants to interfere with developmental land use. (Para 14 , 15 , 16 , 17 , 18 , 19)

Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the 1st respondent to cancel the lease deed dated 23.12.2025 bearing Document No.9407/2025 signed by the 1st respondent in favour of the 2nd respondent transferring by way of lease 100.01 acres of land at Pulichapallam Village for a tenure of thirty three (33) years and for a consideration of Rs.1.

ORDER

Assailing the lease deed in and by which lands in which farm lands have been developed by Annapurna Farm have been given to the 2nd respondent, the petitioner, who is a resident of the locality and who is presently actively involved in the activities of the Farm has filed the present writ petition before this Court.

2. It is the case of the petitioner that the petitioner is a resident of Auroville along with other residents which belongs to Auroville Foundation. The Farm has been in existence in an extent of about 135 acres since 1960 and has been into organic farming and is catering to the needs of the entire residents of Auroville. Whileso, the 1st respondent had entered into a Memorandum of Understanding (for short ‘MoU’) with respondents 2 and 3 for providing incubation services to start-ups mainly in the domain of sustainable technologies and for which 100.01 acres were earmarked for use, which is out of the 135 acres, which is under the cultivation of Annapurna Farms. On the basis of the MoU, Annapurna Farms were to relocate its operations to the remaining 34 acres, which were not intended to be leased to the 2nd respondent and inspite of the urgency highlighted, the authorities failed to provide any proper timeline for relocation of all operations in the Farm as also for shifting of residents and livestock and rehabilitation of workers.

3. It is the further averment of the petitioner that inspite of the meeting which was held between the 1st respondent and the residents and the Farm to formulate a transition plan in which the Farm was to be relocated to the Green Belt under the Master Plan and though several concerns were raised about the sustainability and self-sufficiency in which assurance was given that all such things would be taken care of at the time of relocation. Inspite of the review undertaken by the petitioner and her colleagues for relocation of the Farm, it was found to be unfeasible due to the large scale agriculture being done and though this was brought to the notice of the 1st respondent, however, there was no response and there was only lackadaisical conduct on the part of the authorities.

4. It is the further averment of the petitioner that without considering the issues raised by the petitioner and the other persons, who were connected with the farming activities and also the feasibility in the movement of the Farm, the same was not considered in proper perspective and the 1st and 2nd respondents entered into the impugned lease deed on 23.12.2025 and neither the Secretary of the 1st respondent Foundation nor the General Body was informed about the lease deed and it was entered into by a person, who was not authorized to enter into the same.

5. It is the further averment of the petitioner that the signing of the lease deed had made the 2nd respondent freely accessible to the Farm, which has caused grave collapse of the food self-sufficiency and sustainability and there is clear violation of Article 21 and it also violates the fundamental rights of the residents of Auroville and it is also gravely affecting the workers employed in the Farm not to say adversely impacting the ecosystem.

6. It is the further averm

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