SC put a hold on Gandhi Peace Foundation eviction

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The NGO Gandhi Peace Foundation, had been accused by the Centre of carrying out 'anti-government activities' by constructing staff quarters and servant quarters and further sub-letting the premises to other NGOs and organisations.

CJ: B K Upmanyu

Sat, Sep 12, 2009 15:45:11 IST

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Delhi News :

COMING TO the rescue of the non-government organisation- Gandhi Peace Foundation, having its office at Deen Dayal Upadhyaya Marg, New Delhi, the bench of Justices B N Agrawal and GS Singhvi of Supreme Court were critical of the notification of the Ministry of Urban Development asking the NGO, founded with the purpose to espouse the virtues professed by Gandhi, to vacate the building.

The Centre had accused the foundation of carrying out ‘anti-government activities’ by constructing staff quarters and servant quarters and further sub-letting the premises to other NGOs and organisations. As per the lease deed, this was not permitted, said AK Srivastava, the counsel appearing for the Centre.

The apex court bench was curious to know why the Centre should have proceeded with the eviction proceeding by levelling the charge of ‘anti-government activities’. The bench noted, “There is no dearth of people in this country, who will call Gandhi anti-national.”

Anguished by the hurry at which the Centre proceeded in the case against the foundation, it said, “These are sacred institutions…You cannot permit these institutions to be shut.”

Srivastava, who pitched in for the absence of additional solicitor general (ASG) Indira Jaising, tried hard to save the day for the Centre by referring to the July 14, 2009 letter issued by the ministry to the office-bearers of the institution. In the reply given by the foundation, Srivastava said the body had admitted to having sub-let the premises to other institutions and organisations. Even construction of staff quarters and servant quarters was not denied, he added.

Rather piqued by the Centre’s haste to proceed against the foundation without giving them further opportunity, the bench found a striking parallel in the government’s inability to rein in unauthorised occupants in government bungalows. “Eminent government servants are qualified to be under unauthorised occupation for staying beyond the permissible period.” In a lighter vein, the bench added, “If such a notification (to evict all unauthorised occupants) is issued, 50 per cent government quarters will fall foul.”

On further enquiry, the court learnt that the constructions were undertaken at the premises in the 1960s. “Before passing an order, you (Centre) is required to consider their cause…unless you are able to establish that the cause shown by them is of no use,” the bench said, before dismissing the petition.

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