The Supreme Court of India, on March 17, ruled that neither the Residents' Assembly nor any individual resident of the Auroville Foundation has the legal right to be a part of any committee or council formed by the Foundation’s Governing Board. The decision came while overturning a Madras High Court order that had previously quashed the formation of the Auroville Town Development Council (ATDC).
A bench comprising Justice Bela M Trivedi and Justice Prasana B Varale ruled that the Auroville Foundation Act and its corresponding rules do not provide any statutory or legal rights to the Residents' Assembly or individual residents to be members of any committee or council created by the Governing Board.
The Supreme Court set aside the Madras High Court’s decision, which had quashed the standing order dated June 1, 2022, that constituted the ATDC. The High Court had ruled that the ATDC’s formation was invalid because it was done without consulting or obtaining the advice of the Residents' Assembly.
However, the Supreme Court strongly disagreed, stating:
"The High Court thoroughly misdirected itself in misinterpreting the provisions of the Auroville Foundation Act and in setting aside the impugned notification containing Standing Order dated 01.06.2022."
The top court clarified that the Residents' Assembly’s role is limited to advising the Governing Board regarding activities related to Auroville residents and making recommendations as per Section 19 of the Auroville Foundation Act. The court further ruled that this advisory role does not extend to the appointment or participation in councils and committees.
During the pronouncement of the verdict, Justice Bela M Trivedi noted that certain individuals were filing repeated petitions to disrupt the development of Auroville and hinder the smooth functioning of the Governing Board.
"Some disgruntled and discontented residents kept on filing petitions one after the other, dragging the Foundation into unnecessary litigations. The writ petition filed by the respondent before the High Court was one of such ill-motivated petitions filed by her to abuse the process of law to hamper the development of Auroville and to cause obstructions to the smooth functioning of the Governing Board of the Foundation."
The Supreme Court imposed a cost of Rs 50,000 on the respondent, Natasha Storey, which must be deposited with the Supreme Court Legal Services Committee within two weeks.
In a related matter, the Supreme Court also allowed another appeal filed by the Auroville Foundation against the National Green Tribunal’s (NGT) restrictions on the township expansion project. This marks a significant victory for the Foundation in moving forward with its planned development activities.
The High Court, in its March 2024 judgment delivered by then Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy, had emphasized the importance of residents’ participation in Auroville’s Master Plan implementation. The court had stated:
"The performance of the functions required by the Act and all the activities relating to the residents of Auroville are vested with the Residents' Assembly under Section 19 of the Act. It can be seen that it is the Residents' Assembly that has to carry out those functions and day-to-day activities, not directly by itself, but by aiding and advising the Governing Board."
However, the Supreme Court overruled this interpretation, clarifying that while the Residents' Assembly may advise, it cannot claim an inherent right to be included in decision-making councils or committees of the Governing Board.
Case: THE AUROVILLE FOUNDATION VS. NATASHA STOREY | DIARY NO. - 13723/2024
